Indoor tanning debate heats up

State Sen. Charles Fuschillo Jr., a Republican from Merrick, is pushing a bill that would ban the use of indoor tanning beds by anyone under age 18 in New York, saying they could cause premature skin cancer in young people.

“As adults, we have a responsibility to protect children from engaging in behavior we know could cause them serious harm,” said Fuschillo, the measure’s main sponsor in the Senate. “No parent I know wants their child doing something that will increase his or her chances of getting cancer by 75 percent. According to the American Cancer Society, research by the International Agency for Research on Cancer shows that’s exactly what indoor tanning does.”

Along with cancer survivor Jennifer Sullivan and teen spokesperson Jamie Rosen, Fuschillo and other state legislators who support the bill held a news conference in Albany on May 24 to drum up support for the measure.

If it is passed, New York would surpass Texas as the state with the strictest indoor tanning law. Texas bans the use of tanning beds by anyone under age 16 1/2. Wisconsin is not far behind, setting its restriction at 16 years old. In New York and seven other states, it’s 14.

Current New York law also requires young people ages 14 to 17 to have a written letter of consent that must be signed by a parent or guardian in the presence of the owner of the tanning facility. Such consent letters are good for one year from the date that they are signed.

The Indoor Tanning Association opposes the bill. On its website, the group encourages tanning enthusiasts to submit prewritten letters to their local representatives, encouraging them to vote down the bill, which the ITA describes as “a truly outrageous intrusion of government into our private lives.”

The letter states, “If you pass this legislation, a 17-year-old in New York could get married, have children, terminate a pregnancy, join the military and not get a suntan even if the parent approved.”

South Shore tanning salon owners realize the impact that such a bill could have on their businesses. Tommy Kalinoglu, owner of Sharper Image Tanning in Bellmore, estimated that between 15 and 20 percent of his business comes from minors. “It would hurt; I’m not sure how much, but it certainly wouldn’t be good,” he said.

Kalinoglu has emailed state legislators to voice his opposition to the bill. He argues that people should have the right to make their own decisions when it comes to matters of personal health. “It’s every individual’s choice,” Kalinoglu said. “It’s not any more harmful than going outside, and when you do it the right way, it’s something that’s not any more harmful than most other things.”

Dr. Craig Devoe, a medical oncologist at North Shore LIJ Hospital, did not share Kalinoglu’s sunny assessment of tanning beds. According to Devoe, epidemiological studies have shown a direct link between the use of tanning beds and the chances of developing melanoma, the most severe form of skin cancer.

“The key point is that these tanning booths are direct carcinogens to the skin, like cigarette smoking in a certain sense is a carcinogen to the lung and other areas in the body, and they need to be labeled as such,” Devoe said. “They’re toxic, and I’m in favor of restricting their use.”

He warned that use of tanning beds at a young age could cause the early onset of skin cancer, and not just melanoma, but the basal cell and squamous cell forms as well. Those most at risk, according to Devoe, are people with fair skin, light hair and blue eyes. In addition, he cautioned would-be tanners about the known cosmetic effects of indoor tanning –– and tanning in general –– such as wrinkling, freckling and premature aging of the skin.

At the heart of the debate is the question of who is responsible for protecing minors from making decisions with potentially harmful consequences, or more specifically, at what point are the potential consequences of an action harmful enough that the government must regulate the behavior?

“It’s time for New York state to pass this law and protect children from potentially harming themselves in a way that they will regret later in life,” Fuschillo said.

Kalinoglu said he has conformed to all previous tanning salon legislation. He hands out state Department of Health warnings to each of his customers before they tan. Then the customers, no matter their ages, must sign forms stating that they understand the potential risks involved. In the back room of Sharper Image Tanning, there are boxes full of signed consent forms. Kalinoglu has a 16-year-old daughter, and said that he has no problem with her using the tanning bed a few times a month.

“Politicians should worry more about getting us out of this terrible recession than some 16- or 17-year-old that wants to look tan for their prom,” Kalinoglu said. “I think that’s pretty reasonable.”

The bill has passed the Senate Health Committee, but has not reached the floor of the Senate for a vote. Assemblyman Harvey Weinsenberg, a Democrat from Long Beach, is sponsoring the legislation in the Assembly. There it is currently under consideration in the Codes Committee.

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