The Youth Skin Cancer Protection Act was introduced to the North
Carolina House of Representatives in 2013.
The bill (HB18), similar to legislation across the country, would disallow
persons under 18 to use tanning equipment if passed as a law. Nearly every medical association supported
passage of this bill. Former tanning bed
users who later developed skin cancer or melanoma spoke before the committees. The Director of the Duke University Melanoma
Center also spoke about the dangers of tanning equipment. However, there was one very influential group
that spoke against such a law…the American Suntanning Association.
When asked, Joe Levy who at the time represented the indoor tanning
salon trade group called “Smart Tan Network, Inc.” stated that melanoma “does
not have direct relationship with sunlight.
It is a complex relationship if at all.”
The ASA had also touted the supposed health benefits of UV rays such as
vitamin D absorption, treatment for psoriasis, and treatment seasonal affective
disorder. Despite fact-based statements
to the contrary by represented medical professionals, the legislators listened
to the ASA with great interest.
There was also more political-based discussion. Tanning supporters claimed that parental
rights would be violated by this law. “Every
parent has a right to decide what’s best for their children…not the government!” (Of course, let’s ignore the age restrictions
on cigarettes, alcohol, voting, driving, pornography…all imposed by government regulation).
The bill passed by a House vote of 94 to 22, meaning that 22 bought
into the ASA’s claims. It was passed
along to the Senate and subsequently entered committee purgatory within the
Senate’s Committee on Rules and Operations.
This is the committee where bills go on hiatus waiting to be used as a
bargaining chip to slide into controversial legislation or simply left to be
forgotten. Bill HB18 was introduced to
this committee on March 21, 2013 and still sits there today as of May 30, 2014. The American Suntanning Association may have
lost the vote, but they seemed to have won the battle.
When I asked sponsors of the bill if they felt the battle had indeed
been lost, they responded quite the opposite.
They stated that before the bill was introduced, they really didn’t know
who would support or oppose the legislation.
Now that the initial debate had begun, the line had been more clearly
established between supporters and detractors.
Even though the Senate had yet to discuss the bill, clear alliances
existed between Senate and House members, so it was pretty easy to determine
how a Senate vote might go. With this
knowledge, the sponsors now know who they need to convince to vote in favor of
the bill. This was fascinating insight
into the political process, but I sadly felt that the bill had seen its last
day…at least for a few years.
But then the American Suntanning Association made a surprise move. They dropped their opposition!
This opened the door to start campaigning anew. The election-year “short session” has begun
and the bill sponsors and other organizations have been pushing hard to the Committee
Chair (Sen. Tom Apodaca…someone who opposed the bill in favor of “parental
rights”) to forward the bill onto the Senate floor. Senator Apodaca has stated that the Senate’s
focus is on the state’s budget and doubted that this bill would be forwarded
on. However, the ASA’s retraction and
recent tanning bed regulatory changes by the FDA have shown that this bill
should pass with minimal resistance. Let’s
hope this is the case.
The American Suntanning Association’s reversal from HB18 opposition begs
one question. “Why?”
Joe Levy, now Scientific Advisor to the ASA, has stated that they want
to have “high-level discussion on the risks and benefits of any UV exposure and
for heightened responsibility both in the tanning market and in those who
oppose UV exposure.” Translation: they
want real debate about the dangers of tanning swept under the rug.
According to Levy, people under 18 years old account for about 2
percent of the total tanning business.
To continue to fight legislation which is sweeping the country would
cost the tanning industry thousands if not millions of dollars, far more than
they would most likely lose in lost business to teenagers. But I think there’s another reason.
When HB18 was introduced last year, it was not the top headlining piece
of legislation, but it received its fair share of news coverage. Any debated topic means better ratings for
news broadcasts. As a result, there was
increased debate over the air and in online forums. Awareness of tanning danger, skin cancer and
melanoma was on the rise. The more these
dangers were expressed, the more people over the age of 18 started to listen. The more they listened, the more they
reconsidered the safety of tanning salons.
These were the people on whom the tanning industry relied for their
business. If adults started to shun the
tanning beds, the industry would be in serious trouble. So they changed their strategy.
The ASA is now supporting legislation to ban minors from tanning. According to Mr. Levy, the ASA has helped pass
such legislation in 7 states thus far in 2014.
They hope that North Carolina will be the next.
Think about it. Having no
opposition to this bill means there will be no heated debate. There will be no online forums. There will be minimal media coverage at best. It will have the much public interest and
notice as a fictional bill to add additional brake lights to school buses. It will simply…pass.
Passing this legislation is a good thing! It is a very good thing! The sponsors of this bill need to do exactly
what they are doing and wave the ASA’s endorsement in the legislators’ faces in
hope to get HB18 passed. After that,
some lives will be saved. Skin cancer
and melanoma rates will decrease. There
will be a positive impact on the cost of healthcare in that fewer dollars will
be needed to fight these cancers. But
what will happen to the angelic and enlightened American Suntanning Association?
I predict the ANA will refocus their monies from fighting legislation
to pushing the tanning industry on the over 18 crowd. College towns will have an increase in
tanning salons. Specials on lotions and
tanning sessions will be promoted on campus.
University girls will be reminded that having no tan before Spring Break
is a fashion faux pas. The wolf will
shed its sheep’s clothing and the tanning industry will evoke a full frontal assault
on the 20-somethings. Sadly, many will
buy into it all.
As I said, passing the Youth Skin Cancer Protection Act into law is
important. Middle school and high school
students will be banned from tanning salons.
But this is not the end of the battle for those opposed to the tanning
industry. There is still need for
parental responsibility. Parents,
schools and people like us need to explain to these kids why there is such a tanning
ban. We need to teach kids about sun
safety and melanoma awareness. We need
to educate the children BEFORE the tanning industry gets their fangs into them
after high school.
