BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 28, 2011

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                     SB 746 (Lieu) - As Amended:  March 22, 2011

           SENATE VOTE  :  25-9
           
          SUBJECT  :  tanning facilities 

           KEY ISSUE  :  DUE TO THE SERIOUS AND POTENTIALLY LIFE-THREATENING 
          RISKS REPORTEDLY ACCOMPANYING OVER-EXPOSURE TO UV RADIATION, 
          should the use of INDOOR tanning facilities by MINORS BE 
          PROHIBITED?

           FISCAL EFFECT  :  As current in print this bill is keyed fiscal.

                                      SYNOPSIS

          A substantially similar version of this bill with the same 
          author was passed by this Committee in 2007.  This bill 
          prohibits minors from exposing themselves to UV tanning devices. 
           Current law already prevents anybody under age 14 from using 
          ultraviolet tanning devices but permits minors age 14 to 18 to 
          use such devices after obtaining the written consent of a parent 
          or legal guardian.  This bill eliminates consent waivers and 
          bans all persons under age 18 from using ultraviolet tanning 
          devices.  Skin cancer is the most common form of cancer in 
          America, with more than two million cases reported each year.  
          The most common cause of skin cancer is over-exposure to 
          ultraviolet radiation.  Supporters state this measure is needed 
          to prevent the rapidly growing rate of skin cancer cases among 
          those 18 to 30 years old.  Substantial evidence suggests that 
          those exposed to ultraviolet rays from tanning booths at a young 
          age face a 40 percent higher risk of skin cancer than those who 
          do not tan.  The California Nurses Association notes that 
          "Melanoma is the leading cause of cancer death in women ages 
          25-30 and is second only to breast cancer women aged 30-34."  
          The bill is supported by numerous health insurance groups, 
          pediatric medical groups, and dermatological societies, and it 
          is opposed by the indoor tanning industry.

           SUMMARY  :  Prohibits minors from using ultraviolet tanning 
          devices.  

           EXISTING LAW  :







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          1)Provides for the regulation of tanning facilities by the 
            Department of Consumer Affairs.  (Business and Professions 
            Code Sec. 22706.)

          2)Requires tanning facilities to provide customers with a 
            written statement containing specified notices of the 
            potential harm caused by tanning devices and those customers 
            must sign the statement acknowledging the risks.  (Business 
            and Professions Code Sec. 22705(a).)

          3)Requires tanning facilities to post warnings on the dangers of 
            ultraviolet radiation in areas where tanning devices are used. 
             (Business and Professions Code Sec. 22706 (b)(1).)

          4)Requires customers between the ages of 14 and 18 to give the 
            tanning facility a written consent from their parent or legal 
            guardian stating that the parent or guardian had read and 
            understands the warnings and consents to the minor's use of 
            the tanning facility.  (Business and Professions Code Sec. 
            22706 (b)(3).)

          5)Provides that the first violation of the law is an infraction 
            and that any subsequent violation is subject to a civil 
            penalty not to exceed $2,500.  (Business and Professions Code 
            Sec. 22706.)

           COMMENTS  :  A substantially similar version of this bill was 
          passed by this Committee in 2007.  This bill seeks to prevent 
          persons under the age of 18 from being exposed to potentially 
          dangerous ultraviolet radiation by tanning in UV tanning 
          devices.  The author states in support:  

               The connection between skin cancer and UV tanning is no 
               longer anecdotal.  Children who use indoor tanning methods 
               can be exposed up to 12 times the normal amount of 
               ultraviolet radiation per year, which makes them 74% more 
               likely to be a victim of melanoma.  Melanoma is the most 
               deadly type of skin cancer and is one of the most common 
               cancers diagnosed among young adults.  It is the leading 
               cause of cancer death in women ages 25 - 30 and is second 
               only to breast cancer in women ages 30 -34. 
                
               As a result, the World Health Organization elevated tanning 
               beds to a level 1 carcinogen in 2009, alongside plutonium, 
               mustard gas, and cigarettes.  The United States Department 







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               of Health and Human Services and the United States Food and 
               Drug Administration have also added these UV emitting 
               tanning beds to the their list of most dangerous forms of 
               cancer-causing substances in humans.

               And in February, the American Academy of Pediatrics joined 
               the world-wide chorus that governments need to ban minors' 
               access to UV tanning beds.

               As of today, several countries have banned tanning for 
               minors, including sun-rich Brazil, where they have passed a 
               complete ban on tanning, regardless of age.  Several states 
               and local governments have tougher bans than California.  
               Surprisingly, Texas has the most stringent.

               SB 746 is a simple solution to a dangerous problem - it 
               will prevent minors from accessing dangerous ultraviolet 
               tanning devices.  The health risk is just too great for 
               children.

           Ultraviolet Rays and the Growing Occurrence of Skin Cancer:   
          Ultraviolet (UV) radiation is naturally emitted from the sun and 
          typically reaches the earth's surface in two forms:  UVA 
          radiation and UVB radiation.  UVA radiation reaches the earth in 
          fairly weak but long wave lengths and its rays can penetrate 
          deep into human skin upon contact.  UVA rays lead to natural 
          skin aging, with moderate exposure over a long period of time.  
          UVB rays reach earth as a shorter, but far more intense wave.  
          Even short term exposure to UVB rays can lead to skin reddening, 
          more commonly known as sunburn.  Exposure to both UVA and UVB 
          rays can lead to the development of skin cancer.  According to 
          the American Academy of Dermatology prolonged, unprotected 
          exposure to ultraviolet radiation can be as cariogenic as 
          cigarette smoke.  

          In 2011, the American Academy of Pediatrics noted that there has 
          been a rapid increase in the rate of skin cancer occurrences in 
          the United States over the past 30 years.  Skin cancer rates are 
          growing fastest, 3 percent per year, in young women ages 15 to 
          39 (the group most likely to tan).  Alarmingly, skin cancer has 
          overtaken all other forms of cancer to become the most common 
          cancer in the United States with one in four Americans expected 
          to suffer from some form of skin cancer in their lifetime.  The 
          California Nurses Association notes that "Melanoma is the 
          leading cause of cancer death in women ages 25-30 and is second 
          only to breast cancer women aged 30-34."  







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           The Potentially Dangerous Cancer Risk of Ultraviolet Tanning 
          Devices:   In response to increased exposure to UV radiation, the 
          skin will tan in order to protect itself.  Cosmetically, tanning 
          has become extremely popular with many teenagers and young 
          adults to the point that many are seeking artificial sources of 
          UV radiation to increase their tans.  Nearly one-quarter of all 
          "tanners" are between the ages of 13 and 19, and studies suggest 
          35 percent of teenage girls tan regularly.  Important in 
          considering this legislation, overall 70 percent of those who 
          tan regularly reportedly are females ages 16 to 29.

          Artificial tanning devices operate by exposing a person to an 
          ultraviolet light that attempts to mimic the sun's natural 
          light, exposing a person to 94 percent UVA and 6 percent UVB 
          rays.  Despite attempts to mimic the sun's natural radiation, an 
          American Academy of Pediatrics survey of 62 randomly chosen 
          tanning facilities found that ultraviolet tanning devices were 
          actually exposing customers to extremely high levels of UVA 
          radiation 10 to 15 times greater than that emitted by the midday 
          sun.  This increased exposure to radiation has been shown to 
          dramatically increase the cancer rate of frequent tanners.  The 
          American Academy of Dermatology notes that a person that 
          frequently tans before the age of 35 (defined as tanning more 
          than 50 hours or 100 sessions per year) has a 70 percent greater 
          chance of developing skin cancer than somebody who never tans.  

           WHO Deems Tanning Devices Carcinogenic  :  Indeed, the increased 
          risk of UV tanning devices has led the World Health Organization 
          (WHO) to deem tanning devices a carcinogenic.  Even more 
          worrisome, the American Academy of Dermatology notes that 
          studies have determined that tanning causes the body to produce 
          the same plasma endogenous opioids that are released when 
          consuming drugs or alcohol.  The Academy also has noted that 41 
          percent of frequent tanners show tendencies "consistent with 
          aŻn]?addictive disorder."  The addictive nature of tanning can 
          cause a person to seek the physical reward of tanning while 
          ignoring the known risks.  Teenagers, whose brains are still 
          developing, are reportedly at increased risks for developing 
          addictions and dependencies. 

           Non-Compliance Issues at Tanning Facilities Appear To 
          Substantially Undermine Parental Consent Protection Goals:   Many 
          states, including California, currently regulate aspects of the 
          indoor tanning industry.  However a recent study showed that 
          only one of 32 randomly selected tanning facilities was fully 







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          compliant will all FDA and state regulations.  The same study 
          identified an average of seven infractions per facility.  The 
          FDA study noted that 95% of tanners did not comply with FDA 
          exposure guidelines, with some tanners exposing themselves to 
          three times the level of UV radiation recommended by the FDA.  
          Furthermore, the American Academy of Dermatology cites a study 
          determining that many tanning facility staff members were 
          unequipped to properly inform customers of the risks of tanning, 
          and that many staffers failed to properly supervise patrons. 

          Given the reported lack of compliance with federal and state 
          guidelines evident in some if not many indoor tanning 
          facilities, parents who provide their teenage tanner with 
          consent may not realize the full extent of the risk for skin 
          damage facing their children.  (And of course there is no way of 
          knowing how many children's "parental consent" forms have been 
          forged.)  Existing California law requires a parent or legal 
          guardian to sign consent forms, in person, once per year to 
          enable their teenage children to use tanning facilities.  After 
          the initial consent, the parent is not required to supervise or 
          accompany their child to tanning facilities so long as the 
          consent form remains valid.  If the tanning facility is failing 
          to properly warn or supervise tanners, teenagers may overuse the 
          facility and increase the harm to their skin from overexposure 
          to UV radiation.  Current analyses of the issue appear to make 
          clear a parental consent approach to this health and safety 
          issue is problematic, invites potential abuse by teenage 
          children, and is extremely difficult if not impossible for 
          tanning agencies to effectively oversee.

           No Proven Health Benefits of Tanning:   Proponents of indoor 
          tanning have claimed that artificial tanning devices can help 
          individuals suffering from a Vitamin D deficiency.  Vitamin D is 
          naturally absorbed by the body through exposure to moderate 
          amounts of natural sunlight.  Vitamin D has been shown to help 
          prevent several forms of cancer including prostate and 
          gastrointestinal cancer.  Proponents of sunless tanning have 
          claimed that artificial sunlight devices that emit UV radiation 
          help those who cannot absorb sufficient amounts of Vitamin D in 
          their daily life.  

          Although sunless tanning does provide a person with Vitamin D, 
          health experts doubt the benefits of sunless tanning.  The 
          American Academy of Dermatology has noted that the health risk 
          of sunless tanning significantly outweighs any benefit.  There 
          reportedly is no scientifically known threshold at which UV 







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          exposure is safe while allowing for the maximum amount of 
          Vitamin D synthesis, and no evidence showing any direct 
          relationship between tanning and the decrease in certain types 
          of cancers has ever been published.  In 2010, the Federal Trade 
          Commission (FTC) went so far as to criticize and issue a 
          citation against the Indoor Tanning Association (ITA) for making 
          false health and safety claims about the benefits of indoor 
          tanning.  In response to the false advertisements, the FTC 
          required the ITA to disclose the risks of developing skin cancer 
          related to the use of UV tanning devices and banned the tanning 
          industry from making the following claims in their 
          advertisements:
               
          1)"Tanning, including indoor tanning, does not increase the risk 
            of skin cancer;"
          2)"Tanning, including indoor tanning, is safe or poses no 
            danger;"
          3)"Indoor tanning is approved by the government;"
          4)"Indoor tanning is safer than tanning outdoors because in 
            indoor tanning facilities, the amount of ultraviolet light is 
            monitored and controlled;" 
          5)"Research shows that vitamin D supplements may harm the body's 
            ability to fight disease;" and
          6)"A study in the Proceedings of the National Academy of 
            Sciences determined: (a) that sun exposure does not cause skin 
            cancer or melanoma, or that the risk of such cancer is only 
            hypothetical; (b) that getting a tan is health; (c) that the 
            risks of not getting enough ultraviolet light far outweigh the 
            risk of skin cancer; or (d) that vitamin D has been linked to 
            significantly decreasing the risk of contracting lung, kidney, 
            or liver cancer."

          Despite the FTC's warnings, the author notes that the tanning 
          industry continues to make these claims in public, including at 
          hearings before the Legislature.  In filing their opposition to 
          this bill with this Committee the ITA once again claimed that 
          sunless UV tanning provides health benefits and claims that 
          tanning beds are safer because they are more "controlled" than 
          outdoor tanning.  As noted above numerous studies have shown 
          customers tend to ignore the recommended controls regarding time 
          and exposure at UV tanning facilities and that the health risks 
          far outweigh any potential benefit of using UV tanning devices.

           Prior Support for This Approach to Regulating Tanning Devices:   
          When this Committee heard AB 105 (Lieu, Stats. 2007, Ch. 590), 
          the Committee requested the bill be amended "up" to do what this 







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          current bill proposes, specifically, prohibit all minors under 
          the age of 18 from using UV tanning devices.

           ARGUMENTS IN SUPPORT  :  In support of the bill, AIM at Melanoma, 
          an anti-skin cancer organization, states:

               AIM is concerned about the growing incidence of skin 
               cancer. The International Agency for Research on Cancer, a 
               division of the World Health Organization, has moved UV 
               radiation from tanning beds to its highest cancer risk 
               category, labeling it as "carcinogenic to humans." UV 
               radiation from tanning beds is in the same risk category as 
               cigarettes and we do not allow anyone under the age of 18 
               to purchase tobacco products.  (Emphasis in original.)
           
           Also in support, the California Nurses Association notes that 
          "Melanoma is the leading cause of cancer death in women ages 
          25-30 and is second only to breast cancer women aged 30-34.  UV 
          radiation exposure from the sun is a known cause of skin cancer, 
          and exposure to UV radiation during childhood and adolescence 
          increases the risk for a skin cancer diagnosis as an adult."
           
          ARGUMENTS IN OPPOSITION  :  The Indoor Tanning Association 
          strongly opposes the bill claiming, among other things, that the 
          bill is based on distorted scientific claims:

               Proponents have failed to consider the many studies 
               demonstrating the benefits of ultraviolet light on overall 
               health and disease prevention through the creation of 
               Vitamin D in the skin.  Most teens do not get enough 
               vitamin D from their diets, and vitamin D has been shown to 
               protect against breast and other cancers, lymphoma, 
               cardiovascular disease, multiple sclerosis, osteoporosis 
               and other chronic conditions.
           
           Furthermore, the ITA argues that, "Teenagers interviewed 
          regarding this and similar legislation in other states have 
          flatly stated that they will just go out in the sun.  That will 
          mean more sunburns, which truly do create more melanoma risk.  
          Moreover, if teens aren't able to go to commercial tanning 
          facilities, they will not be aware of the advances in spray tans 
          and their availability."  Furthermore, Heartland, a tanning 
          machine manufacturer claims that "for every report or opinion on 
          one side, there is a report or opinion that contradicts it."  
          However, as noted in the analysis above, tanning facility 
          customers frequently ignore posted warnings and overuse UV 







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          tanning devices, and no study has apparently ever shown a direct 
          link between the use of sunless UV tanning devices and 
          reductions in cancer or other chronic conditions.

          Additionally, the industry argues that prohibiting minors will 
          have a negative economic impact.  Lewis Shender, the President & 
          CEO of Hollywood Tans, states that banning minors from UV 
          tanning devices would eliminate 5-10% of the consumer base for 
          sunless tanning facilities.  William Sanders, the Owner of a 
          Palm Beach Tan franchise in Redding notes that his business 
          could lose upwards of $66,000 in annual revenue if this bill is 
          enacted, and this may lead to the elimination of some part-time 
          employees.  Heidi Shultz, a fellow Palm Beach Tan franchisee, 
          states that her facility "provides jobs to our youth and 
          educates them on the importance of hard work and industry 
          knowledge" and that this bill would force her to eliminate some 
          part-time positions for young employees.  Although this bill 
          will likely have an economic impact on tanning facilities, 
          opponents do not account for any potential increase in revenues 
          attributed to "spray-on" tanning services.  Spray on services, 
          which do not involve any UV radiation exposure, are in fact 
          offered at many of the opponent's facilities.  Further, 
          opponents appear to ignore the potentially enormous societal 
          costs attributed to the treatment of skin cancer and related 
          health problems resulting from over-exposure to UV radiation, 
          not to mention the familial costs and pain associated with 
          fatalities from melanoma and other skin cancers. 

          Finally, opponents argue that this bill denies parents the right 
          to make decisions for their children.  Len Beckford a Club Tan 
          owner from Napa contends that parents should have the right to 
          allow their 16 year old to "develop a base tan in a controlled 
          environment" should a parent choose to.  Mr. Beckford argues 
          that the existing parental consent laws are sufficient to 
          control teenagers and that parents can withdraw consent at 
          anytime.  However, as the analysis notes above, studies suggest 
          that some tanning facilities do not adequately train employees 
          on the proper information to disclose to patrons and proper 
          customer supervision.  As a result some parents naturally may 
          not fully appreciate the risk facing their children when they 
          consent to their use of UV tanning devices.
           
          Prior Legislation  :  AB 2193 (Nation, Stats. 2004, Ch. 758):  
          Revised the Filante Tanning Facility Act of 1984 to prohibit the 
          use of UV tanning devices for persons under 14 years of age and 
          required parents to accompany minors aged 14-18 to tanning 







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          facilities.

          AB 105 (Lieu, Stats. 2007, Ch. 590):  Required minors between 
          the age of 14 and 18 to obtain written and informed parental 
          consent before being allowed to use UV tanning devices and 
          tanning facilities.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          AIM at Melanoma Foundation
          American Academy of Dermatology Association
          American Cancer Society
          Anthem Blue Cross
          California Society of Dermatology & Dermatological Surgery 
          (CalDerm)
          California Medical Association
          California Nurses Association
          Joanna M. Nicolay Melanoma Foundation
          Kaiser Permanente
          Sun Safety for Kids
           
            Opposition 

           Indoor Tanning Association (ITA)
          National Federation of Independent Businesses
          Hollywood Tans
          Palm Beach Tan

           Analysis Prepared by  :   Drew Liebert & Nicholas Liedtke / JUD. / 
          (916) 319-2334