SHADE Foundation of America
Dedicated to eradicating melanoma through the education of children
and the community in the prevention and detection of skin cancer
and the promotion of sun safety.
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Tanning and Tanning Legislation

There is no safe way to tan. A suntan is the skins reaction the sun’s damaging rays. Tanning occurs when the sun’s ultraviolet rays penetrate to the skin’s inner layer, which cause the skin to produce more melanin as a response. Chronic expose to the sun will cause a change in the texture of skin - mainly wrinkling, thickening and thinning of the skin. Every time you tan you accumulate damage to the skin and are accelerating the aging process and increasing your risk for skin cancer, including melanoma.

 

Tanning Booths

Regardless of the claims that tanning booths offer a safer tan, according to the American Academy of Dermatology exposure to these booths can cause cataracts or eye damage, sun burns, skin cancer and premature aging of the skin. Women who use tanning beds more than once a month are 55 percent more likely to develop malignant melanoma.* In a study conducted by Martin Weinstock, MD, PhD, a Professor of Dermatology at Brown University Medical School, it was found that people who use tanning booths are 2.5 times as likely to develop squamous cell carcinoma and 1.5 times likely to develop basal cell carcinoma compared to individuals that have not use tanning booths.**

UVA radiation is emitted from tanning booths which can pose both short and long term risk to the skin. Although tanning beds emit mainly UVA radiation and these so called “tanning rays” are less likely to cause a sunburn than UVB rays, there is still a suspected link to melanoma like that of UVB rays. Many newer beds are emitting more UVB rays to increase effects of the bed, which reinforces the fact that artificial tanning is just as harmful as natural sunlight. In fact, some beds have the capability of outputting UV levels higher than the UV levels of midday summer sun in most countries. In addition, the size of the skin exposed in modern tanning beds is often times much greater than the area exposed in outdoor tanning situations.

Although artificial tanning is harmful to all skin types, certain individuals are at a higher risk than others. Artificial tanning can be more dangerous for individuals that have already been treated for skin cancer, have a family member who has had skin cancer or burn easily. In addition, children, along with people who have a large number of moles or freckles, have a history of frequent childhood sunburns and who have sun-damaged skin are at higher risk to artificial tanning.

The American Medical Association (AMA) and the American Academy of Dermatology strongly advise people to avoid tanning beds and sun lamps and warn people of the many dangers of tanning. The AMA and AAD have strongly supported actions that would ban the sale and use of tanning equipment for non-medical purposes.

* Information from the National Cancer Institute www.cancer.gov
** Information taken from American Cancer Society www.cancer.org

***Information taken from the Arizona Cancer Center, American Academy of Dermatology www.aad.org and The World Health Organization www.who.int

Myths of Tanning

The indoor tanning industry argues that by using indoor tanning people are reducing their risks of developing melanoma by reducing their risk of developing a sunburn. The main argument is that if people were tan to begin with, then they would not sunburn and consequently develop melanoma. This argument is absurd. First, most people who develop a sunburn in natural sunlight will also develop a sunburn in artificial light. Secondly, there is no concrete evidence that indoor tans have the ability to prevent sunburns. In reality, it is estimated that a tan attained from a tanning booth only offers the protection equal to a sunscreen with an SPF of 2-3.

A more recent argument for the use of artificial tanning is to increase vitamin D synthesis. Although, a tanning beds may increase vitamin D, a vast majority of the population with incidental exposure to the sun, combined with normal dietary intake of vitamin D, will have adequate levels of vitamin D for a healthly body throughout the year. In certain circumstances, people may need more vitamin D than the sun can provide. In these rare occurrences, people should supplement vitamin D through their diet rather than through artificial tanning.

* Information from the National Cancer Institute and The World Health Organization

Teens and Tanning

Teens are strongly encouraged by public health officials and medical professionals to avoid indoor tanning. Use of tanning booths is particularly dangerous during teen-age years because teens are still experiencing tremendous growth at the cellular level. These skin cells, like other cells in the body, are dividing more rapidly during teen years than during adulthood, making exposure to UV even more detrimental. In addition, it is a known fact that the number of times a child is burnt by UV, either from the sun or artificial tanning, increases the child’s risk of developing melanoma.

*Information taken from U.S. Food and Drug Administration www.fda.gov

Sunless Tanning

With the increased awareness of the dangers of natural and artificial
tanning, sunless tanning products' popularity is growing tremendously. This popularity of self-tanning products is an indication that Americans are becoming more informed and knowledgeable about the harmful effects of sun tanning and are seeking alternatives to achieve a healthy glow. Many products are now available to use both at home and in the salon. Sunless tanning lotions contain dihydroxyaceton (DHA), which is a colorless sugar that interacts with dead surface cells in the epidermis and stains the skin darker.* This effect is temporary and as the dead cells naturally slough off, the color fades as well. For a safe, healthy looking tan, products such as Neutrogena, Bain de Soil, Lancome and No-Ad offer great options. Visit our Mall to find products that will work for you.

Mist-On Tanning
Mist-On tanning is a way to achieve a healthy bronzed look without the dangers of UV radiation. Mist-On tanning is provided through salons and uses the same chemical DHA as creams or lotions. For more information visit Dr. Laughlin’s website at www.mistontan.com.

*Information from the Skin Cancer Foundation www.skincancer.org

Tanning Legislation
Summaries, Links to Bill Texts and Analyses

Texas – HB 663 (2001) - ENACTED
Analysis

Summary: House Bill 663 requires tanning facilities and the Texas Department of Health to provide information about the dangers of tanning, prohibits persons younger than 13 years of age from using a tanning device at a tanning facility without written permission from a physician and being accompanied to the facility by a parent, and authorizes persons aged 13 through 17 to use a tanning device only under certain circumstances.

New Hampshire – HB 729 (2004) – LAW without SIGNATURE
Summary: This bill requires the board of barbering, cosmetology and esthetics to regulate tanning facilities.
No person under the age of 18 shall be allowed to utilize a tanning device at a tanning facility without the written consent of that person’s parent or legal guardian and without an operator present

California – AB 2193 (2004) – IN SENATE (Passed Assembly)
Analysis

Summary: This bill would prohibit a person less than 18 years of age from using a tanning device except upon prescription by a physician and surgeon for treatment of a medical condition.

Maryland – SB 209 (2004) - FAILED
Analysis

Summary: Prohibits an individual under 18 years of age from using a tanning device in a tanning facility except under specified circumstances. Allows an individual under 18 years of age to use a tanning device in a tanning facility if the individual has written permission for the use of a tanning device by a physician and a parent or guardian remains at the tanning facility while the individual uses the tanning device; etc.

Michigan – HB 5144 (2004) – STALLED in Committee
Analysis

Summary: The bill would create a new statute in the Public Health Code requiring license and regulation of tanning facilities. Among other things, the bill would:

  • Prohibit the operation of a tanning facility without a license, beginning about one year after the bill’s effective date.
  • Require that an individual be provided a written cautionary statement before being allowed to use a tanning device in a tanning facility.
  • Specify that a tanning facility would have to require the customer to sign a written statement acknowledging that he or she had read and understood the written warning and had agreed to wear protective eyewear. If the customer was less than 18 years old, a parent or legal guardian would also have to sign the statement.
  • Require the owner or operator of a tanning facility to conspicuously display a poster on the dangers of ultraviolet radiation; on the need to wear protective eyewear; on the ability of a customer to report any injury to the owner or operator, to the Department of Community Health, or to both; and on other matters.
  • Make a violation of the act a state civil infraction, with civil fines of up to $500 per violation, and allow civil actions for injunctive relief.

North Carolina – SB 657 (2003) - RATIFIED
Summary: An Act to provide that operators of tanning equipment shall provide a warning statement to consumers regarding the hazards of exposure to UV radiation and shall obtain a consumer’s acknowledgement of the warning before the consumer’s initial use; operators shall not allow a person 13 years and younger to use tanning equipment without a written prescription; prohibits operators and owners from claiming that using tanning equipment is safe; etc.

New Jersey – AB 976 (2004) - INTRODUCED
Summary: Requires tanning facilities to provide certain notice concerning tanning booths.

New York – AB 2693 – PASSED and IN SENATE & AB 5702 – IN ASSEMBLY (2004)
Summary, AB 2693: Directs the commissioner of health to promulgate additional regulations to protect the safety of persons using tanning facilities: makes failure to operate properly or supervise employees or overexposing persons to electromagnetic radiation unsafely or other failure to obey safety requirements grounds for disciplinary action; sets standards for qualifications, safety training, and other safety standards to guard against overexposure.

Summary, AB 5702: Provides for increased consumer safety standards for the use of ultraviolet tanning facilities; requires equipment that meets the standards in the code of federal regulations; provides standards for maintenance of equipment, sanitation, protective goggles, warnings, recordkeeping, consent of parent or guardian for person under age 18; does not pre-empt more restrictive local regulation

Pennsylvania – HB 109 (2004) – PASSED and IN SENATE
Summary: An Act regulating tanning facilities; providing for the registration of persons operating tanning facilities; requiring that certain warnings be given and safeguards be taken; imposing penalties; and making a repeal.

Wisconsin – AB 572 (2004) - FAILED PASSAGE
Summary: This bill limits use of tanning facilities to customers aged 18 years or older and requires owners of tanning facilities to require customers to provide photographic identification that indicates age.

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