In the United States, a policy banning the use of sunscreen during school hours has been implemented in several states across the country. States have the jurisdiction over their school systems; therefore, each state is able to determine whether or not they feel students should be allowed to wear sunscreen at school. In many states, the state legislature, under the influence of the U.S. Food and Drug Administration (FDA), has determined that sunscreen is an example of an over-the-counter drug. As a result of this establishment and the strict drug policies schools have in place, students are not allowed to use sunscreen unless it has been prescribed by a doctor. In theory, this policy could make sense to some people; however, not allowing students to wear sunscreen can put all of them in danger of the sun’s rays. There have been studies performed and the results have shown that skin damage from exposure to the sun can be extremely harmful to people’s health and sunscreen is proven to help protect people from ultraviolet rays. The harm too much exposure to the sun can cause has lead to people seeing a need to review this legislation. According to research, “one person dies of melanoma every hour in the United States” (Skin Cancer Facts, 2018). Facts such as these have influenced states to change their legislation on this policy, allowing the use of sunscreen without a doctor’s note. The states that have changed their legislation up to this point in time are Alabama, Arizona, California, Florida, Louisiana, New York, Oregon, Rhode Island, Texas, Utah, and Washington. There is potential for more states to follow along with this trend when they continue to learn about how at risk their students will be if they are not wearing sunscreen. The Skin Cancer Foundation has made statements and proven that “a person who sustains sunburns in childhood more than doubles the likelihood of later developing skin cancer and one in five Americans will develop skin cancer by the time they are 70 years old” (Skin Cancer Facts, 2018). With more and more alarming statistics becoming well-known across the United States, it seems there is a shift in support of the legislature.
There is discord between people throughout the country about whether or not the legislature needs to be changed. Many people who support sunscreen legislation tend to believe that it is necessary, but also believe it should not be up to the school to determine or worry about. These supporters believe that parents should be in charge of whether or not their children apply sunscreen, but they should do so before school. If a parent feels that their children need to wear sunscreen, then they should be able to get written proof from a doctor, making them exempt from the regulation. Another reason people support sunscreen legislation is the potential for students to be allergic to sunscreen. An argument supporters have presented is:
According to some doctors, ingredients in sunscreen can cause allergies. Without a ban, children may improperly use the sunscreen. With free access to sunscreen, children may even eat the product. After all, lately some teenagers have been intentionally ingesting laundry detergent pods. (Liverpool, 2018)
Although this is a plausible argument, there is no guarantee that these worries will ever be an issue in schools. However, another reasonable argument is liability within schools. There is a possibility of liability being a threat if a teacher or anyone placed in authority applies the sunscreen for a child. The school could be at risk of sexual harassment charges or being held accountable for failing to properly protect the child. These few arguments are presented to support the existence of legislation on the topic.
Besides these aforementioned arguments, one more important argument in support of legislation is the fact that there is no guarantee that sunscreen will protect a child from getting a sunburn. It is proven to help lessen the likelihood of getting one, but it cannot be ensured. An example of how this could become a problem is seen in a class action lawsuit involving Banana Boat and their products. In 2016, Paul Lambrakis from Brooklyn filed this lawsuit claiming that Banana Boat falsely advertises their products. The lawsuit included Banana Boat, Playtex Products, Edgewell Personal Care Company, and Sun Pharmaceutical as defendants. The research performed in regards to this case concluded that “Banana Boat Kids SPF 50 sunscreen, clearly labeled as containing SPF 50, shockingly contained only an SPF of 12.69 and a measured UVA protection factor of 4.88” (Toback, 2016). Children would apply this sunscreen with an “SPF 50” and still get sunburns. The evidence provided in this lawsuit helps to support the case that sunscreen does not definitively protect children from sunburns. Although other brands may not defraud their customers to the extent that Banana Boat has been known to, their products cannot ensure the safety of the children. Therefore, if sunscreen cannot guarantee that children will not get sunburnt, then parents can decide if their child requires the application of sunscreen and get the doctor’s note that is needed.
Although there are many people who support the ban on sunscreen, there is a shift in which the viewpoints are beginning to change in recent years. The dissenters of this legislation have the support of health organizations such as the Skin Cancer Foundation, the U.S. Food and Drug Administration, the Center for Disease Control and Prevention, and the American Academy of Dermatology. All of these organizations argue that the legislation needs to be changed for the safety of the children. These organizations believe that children should be allowed to bring sunscreen to school with them. The only way for sunscreen to best protect a person is if it is reapplied throughout the day. The American Academy of Dermatology claims that “even if parents applied sunscreen before the school day begins, it needs to be reapplied every two hours” (Liverpool, 2018). Along with this conclusion, every argument mentioned in support of legislation, has an argument that adequately counters them. There are some children that are more prone to sunburn than others, but it is still unnecessary to require a doctor’s note or the involvement of the school nurse just so a child can apply sunscreen. Sun protection is more important than the concerns about sunscreen being a “drug.” The Centers for Disease Control and Prevention provides evidence for why sun protection is vital:
Although preventable, skin cancer is the most commonly diagnosed cancer in the United States. Evidence shows that even one blistering sunburn during childhood or adolescence can nearly double a person’s chance of developing melanoma, and the American Academy of Dermatology recommends that children, especially, should be protected from the sun. The CDC advises applying sunscreen every time a child goes outside. (Kralik, 2018)
Sunscreen can drastically increase protection from the sun and prevent the chances of developing health problems in the future. The supporters also claim that students could be allergic to sunscreen or ingredients within the sunscreen. The opposition to this claim is supported by the studies of the U.S. Food and Drug Administration. The doubts people have about ingredients can be put to rest because “the FDA is required to regulate all brands of sunscreen. Before an ingredient can be used, the ingredient must be approved by the FDA for this use” (American Academy of Dermatology, 2018). As a result of the FDA’s regulations, situations in which a student would be allergic to sunscreen or its ingredients are highly unlikely. To counter that argument of the possibility of children misusing sunscreen, health professionals have provided evidence that the risks involved are minimal. Professionals, such as Bruce Brod of the Pennsylvania Academy of Dermatology and Dermatologic Surgery, have stated that “serious allergies to sunscreen are uncommon and the even if children were likely to eat sunscreen, the risks of sun exposure without adequate protection exceed the risks of ingesting the product” (Liverpool, 2018). The FDA approves all of the ingredients of sunscreen, so the outcome of a child ingesting sunscreen is still outweighed by the importance of skin protection. Another important argument to note is that for all the fear of liability to schools, there are preventative measures that can be taken to ensure that the schools are safe. If this worry is considered a legitimate fear in school districts, then “legislators can construct the laws to remove liability, providing immunity for the schools and the staff members. For example, implementing a law that allows staff members to apply a child’s sunscreen, but only with parental consent” (Liverpool, 2018). If actions are taken in advance to ensure protection, then liability should never be a concern. With all of these arguments in mind, to counter the argument that sunscreen cannot completely ensure protection, all of the evidence still supports the claim that some promise of safety is better than none. Even if a child is still experiencing some dangerous exposure to the sun, it is still more beneficial for their health if they use sunscreen. Limiting the chances of danger creates much better odds in the forming of health problems in the future.
As mentioned before, there are some states that have already passed new legislation allowing students to have sunscreen at school. As of 2018, Alabama, Arizona, California, Florida, Louisiana, New York, Oregon, Rhode Island, Texas, Utah, and Washington have passed legislation. Meanwhile,
Sunscreen legislation is also in the works in Massachusetts and Pennsylvania. A sunscreen bill that cleared the Senate in Mississippi died in a House committee, and a bill introduced in Georgia has stalled. Republican state Senator Terry Burton, a co-sponsor of the Mississippi bill said, “Parents, I think, are the best decision-makers on their children’s sunscreen use and the school should not interfere with that decision that a parent makes to protect their child.” (Moore, 2017)
Therefore, eleven states have already passed new legislation replacing the old policy, two other states are in the process of passing theirs, and two others have experienced difficulties, but the intent is there. As time passes and ore research is being proven, more states are likely to abandon the policy preventing sunscreen in schools.
I selected this policy issue because I personally feel very strongly about skin health and protection. There is so much evidence to support the dangers of too much exposure to the sun without protection. I cannot understand how there is not more support to change the legislation across the United States. There are several long-term effects that people may not experience until the future, but there are signs that can occur now that show a person’s skin is in danger. There was an incident that went public in Florida in which two girls were greatly impacted by this policy preventing them from using sunscreen. Violet and Zoe Michener had to seek hospital care as a result of their lack of sunscreen being applied at school. It was reported that “Violet and Zoe were playing games with their friends when they felt themselves burning up. By the time they got home that afternoon, their mom noted welts on their bodies with severe swelling and severe burns” (Florida Center for Pediatric Dermatology). In my eyes, cases such as this one provide enough evidence to support the claim that legislation needs to be changed. The safety of the children's skin and their future health should be viewed as more important than any fears that are involved with supporting the sunscreen ban. There are no dangers involved that put people more at risk than too much exposure to the sun with no protection. Thought processes such as this are what lead to Rhode Island’s bill finally being passed in March of 2018 because the health of children was put first. In 2017, the state struggled to get the bill passed, but was helped along because “Democratic Representative David Bennett, who is also a nurse, said he would sponsor the bill in Rhode Island because the dangers of sun exposure are well-known and kids need protection” (US News, 2018). If more people in political roles fully understood the dangers or put the biggest risk involved at the forefront, then more states would be able to see the need for policy reform.
My idea for policy reform regarding the ban on sunscreen in schools is essentially to eradicate the policy altogether. Sunscreen should be allowed at all schools across the country. Skin safety and the overall health of the children must come first. The FDA needs to continue to regulate sunscreens and any ingredients involved in the making of sunscreen. Typically allergies involving sunscreen would be determined at a young age and if students within a school are allergic, the school should be made aware in advance so necessary precautions can be adhered to. These precautions could even include banning a specific brand of sunscreen in a school. Fear of students ingesting sunscreen should not be an issue for older children, but if an incident occurrs, then it should be dealt with as the school and parents see fit. For the younger students, there should be a policy in place in which, with parental consent, the teachers are responsible for the sunscreen and can apply it to the children for whom they received permission. The country’s overall protection of children’s health should be the priority and the fears people have can be dealt with by the stipulations I have just mentioned.