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Home Columns ITA Update

“State” of the IndustryTanning Legislation Alive in U.S.

John P. Ribner by John P. Ribner
September 2, 2014
in ITA Update
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Anti-tanning legislation is appearing in more states these days, and it’s up to tanning salon owners to fight these battles for the good of the industry. Fortunately, the Indoor Tanning Association is willing to assist in the fight!

Since the Indoor Tanning Association has ceased its involvement in state lobbying, a number of significant tanning restrictions have been enacted. ITA members continue to believe that salon owners across the country need to be aware of what’s going on in their state capitals, because decisions made by lawmakers will significantly affect the tanning business. This year, anti-tanning legislation has passed in seven states and the majority of these bills called for age restrictions on tanning and other measures, including enhanced warning signs. Explained ITA Executive Director John Overstreet, “Since passing, this legislation has affected roughly 2,298 tanning salons and more than twice that number in jobs!”

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Here’s a brief overview of anti-tanning legislation passed in 2014:

Delaware: On July 28, 2014, Gov. Jack Markell (D) signed into law a bill that bans tanning for anyone under the age of 18. Young tanners in the “Blue Hen State” have the rest of the year to catch some rays at their local tanning salons before the law goes into effect on Jan. 1, 2015.

Hawaii: Lawmakers in the “Aloha State” have put forth House Bill 611, which seeks to ban tanning for anyone under the age of 18. The bill was sponsored by representatives Gregg Takayama (D), Ty Cullen (D), Linda Ichiyama (D), Marcus Oshiro (D), Ryan Yamane (D) and Kyle Yamashita (D).

Louisiana: Coming out of the Bayou state is House Bill 746, sponsored by Rep. Helena Moreno (D). While its primary function is to serve as an under-18 tanning ban, this bill calls for changes in warning signs and a requirement for tanners to sign a written warning.

Minnesota: It might be the “Land of 10,000 Lakes,” but it will have a lot less tans due to the latest under-18 ban sponsored by Rep. Tina Liebling (D).

Missouri: the “Show Me State” showed its love for indoor tanning with HB 1411, which requires signed parental consent for tanners under the age of 18. The bill was sponsored by Rep. Gary L. Cross (R).

Nebraska: Despite being surrounded by states with legislation requiring age restrictions on tanning beds, Nebraska was able to stem the tide a bit. Thanks to lobbying efforts led by a local salon chain owner, tanners under the age of 16 now must have a parent present each time they wish to tan, and salon owners must display additional warning labels on their tanning units.

Pennsylvania: Big changes for the “Keystone State.” On July 7, a bill sponsored by Rep. Frank Farry (R) went into effect banning anyone under the age of 17 from UV tanning. The bill also requires tanners aged 17 to have a parent’s written permission to tan, and also requires all 24-hour tanning salons to have a staff member present during all operating hours.

Washington: In June, lawmakers in “The Evergreen State” passed SB6065, an under-18 tanning ban that allows tanners in that age bracket to tan only if they have a doctor’s written consent. The bill was sponsored by Sen. Curtis King (R).

The year isn’t over yet, and Overstreet said that a few other state legislatures are considering under-18 tanning bans and other proposed anti-tanning regulation. He cited a current bill being considered in North Carolina, which calls for parental consent for tanners under age 18, a doctor’s prescription for tanners under 14 and written warnings to be signed by tanners. “Fortunately, ITA Board Members Lewis Henry (Devoted Creations) and Ed Jerger (Four Seasons Sales & Service) hired a lobbyist in that state,” Overstreet added. “Their efforts are joined by a group of salon owners led by Jill Donovan (Jill’s Beach) and Jim Mastronardi (Ultra Tan), who’ve mobilized to fight this proposal.”

Current legislation in Ohio seeks to place provisions on indoor tanning that include written, in-person parental consent for tanners under age 18. If passed, the bill will also require this permission to only be valid for the number of tanning sessions specified by the parent. “The lobbying efforts in Ohio are being led by ITA Board members Marty Gallagher (Suntan Supply) and Rob Quinn (Tan Pro USA),” added Overstreet.

As of last year, the ITA was forced to cease its state lobbying efforts due to financial reasons. This leaves the burden of fighting these legislative battles upon the shoulders of salon owners in states were the proposed bills pop up. For more than ten years, John Overstreet has led the ITA’s legislative battles and he says the organization is more than willing to help, adding, “We encourage everyone to contact us and get more involved in their industry.” Salon owners interested in fighting anti-tanning legislation in their state are asked to call the ITA at 703.336.3632, email
admin@theita.com or visit the ita.com.

 

As of last year, the ITA was forced to cease its state lobbying efforts due to financial reasons. This leaves the burden of fighting these legislative battles upon the shoulders of salon owners in states where the proposed bills pop up.

 

 

 

From the Executive Director

For most industry veterans, the Call to Action to prevent Skin Cancer released by the Surgeon General in late July was, at the very least, unwelcome news, and to some, it was “here we go again.” But for everyone, it’s just another round in a six-year-long fight we have had since the current Administration came to Washington.

From my perspective, there are a number of ways to look at this report. Ever since the CDC requested public comment over a year ago on ways to reduce exposure to UV light, we’ve been waiting for something to happen. Some expected a public relations nightmare on the scale of the WHO/IARC report in 2009 and others thought it could be even worse. This report is clearly not either of these.

While not diminishing the potential trouble this report can cause, it could have been worse. The timing could not have been more in our favor. It was released at the end of July well after the busy season, and while it was covered by the national media, it was a one-day story (unlike WHO/IARC, which seemed to last a month). As numerous health groups now call for moderate sun exposure, the report puts sunbeds in the same category as the sun. We have argued in favor of that for years.

In my view, the real danger of this report lies in what our enemies do with it. I have already heard that one state which just restricted teen tanning is now considering new restrictions based on this report. No doubt other states will follow suit.

We must always keep in mind that any government action, state or Federal, is a political exercise. So instead of sitting back and waiting for the next blow to fall, let us all get involved and ramp up our political outreach in this important election year. State and Federal candidates will be making the rounds in the next few weeks and this is a perfect time to make sure our issues and your concerns are top of mind.

Thanks,

 

 

John Overstreet

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John P. Ribner

John P. Ribner

A 14-year industry veteran, John "Ribby" Ribner has written hundreds of articles for IST Magazine and, as Director of Editorial Content, has also helped guide the publication's evolution. Ribby is a graduate of Central Michigan University's journalism program and has brought many years of newspaper reporting experience to his position of Head Writer. He is also the author of three novels, "Legacy of the Bear," "Prophecy of the Bear" and "World So Dark."

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