The Corporate Observer : Washington D.C. Class Action Lawyer & Attorney : Steven Berk Law Firm : Consumer Protection, Corporate Abuse : The Corporate Observer Blog

 The number of melanoma cases is increasing at a rate higher than any other form of cancer. And a disproportionate amount of these new cases are found in young women.

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This past July, indoor tanning joined the ranks of cigarettes and arsenic, finally earning classification as a bona fide carcinogenic. The International Agency for Research on Cancer (IARC), an expert committee of the World Health Organization, placed tanning beds in the highest risk category, declaring them “carcinogenic to humans." 

Indoor tanning in the U.S. makes up a $5 billion industry, with 25,000 professional indoor tanning facility businesses and a customer base of 30 million people. Each year, 10% of Americans visit an indoor tanning facility. 2.3 million are teenagers. 71% are women aged 16-29.

On its public website, the Indoor Tanning Association heralds the benefits of indoor tanning. ITA says tanning is natural—“what your body is designed to do.” Moderate exposure to the sun or UV light is “absolutely” good for you and in fact, indoor tanning is actually safer than outdoor tanning. Skin cancer—the elephant in the room—merits no concern, says ITA. There is no association or “connection between melanoma and UV exposure from tanning beds.”

The tanning industry markets itself as a healthy and beneficial service. “Tanning is a lifestyle. Tanning is relaxing and makes us look good and feel good. So why not celebrate it?!” asks the 2008/2009 LOOKING FIT ® Tanning Fact Book.

According to medical experts, there is little reason to celebrate. There is “convincing evidence to support a causal relationship” between indoor tanning and melanoma, says the IARC report. Moreover, the study suggests that indoor tanning is particularly dangerous for young customers, since exposure to indoor tanning before the age of 35 may increase melanoma risk by 75%. And all of this is taking place as melanoma rates continue to skyrocket.

Despite the high risk, teenagers are a prime demographic of the tanning industry. Most of the 2.3 million teen customers are girls. A 2000 survey found that 42% of teen girls had tried indoor tanning. That’s nearly half of all American teenage girls—a startling statistic.

Research suggests that these girls are influenced by an adolescent culture that worships tan skin. Although many teens are aware of the health risks associated with tanning, they continue to seek UV ray exposure. "We're so wrapped up in the instant gratification we don't really worry about it," explains one teen.

But that instant gratification has consequences, above all for young tanners. Professor of Public Health at San Diego State University, Joni Mayer, says that tanning is dangerous for all, but especially for teens because they “are very interested in looking tan and don't often think about the consequences of any of their behaviors."

Mayer’s solution is simple: "Our data and other data indicate that those under age 17 need to be banned from tanning beds."

Assisted by Jess Begen.

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New authoritative studies continue to confirm the significant link between indoor tanning and cancer. Despite these reports, teens and young adults continue to visit tanning salons in record numbers.

Surprisingly, the public remains largely silent as this public health risk progresses. The strongest voice in this debate comes from the indoor tanning industry, which continues to extol the false virtues and health benefits of indoor tanning. Where is the public outrage?

Our law firm has a keen interest in halting the availability of indoor tanning to minors and strengthening the disclosure of risks to young adults. This is an important public health issue. We are devoting a three-part series to: 1) explain the cancer risks of indoor tanning; 2) explain the results of indoor tanning; and 3) analyze the responses to indoor tanning.

We hope this series generates a response from teens that are at risk of indoor tanning and their families. It is time to engage in a meaningful conversation on how we can move forward to protect youth from the significant and real cancer risk associated with indoor tanning. 

Assisted by Jess Begen. 

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By all means let’s rethink our attitude towards UV radiation, but not by succumbing to the out of context, manipulated half-truths promulgated by [the ITA].

The Indoor Tanning Association (ITA) once again finds itself reaching into its shameful bag of tricks to defend the indefensible, the safety of indoor tanning.  This time, the ITA twists and spins the findings of a recent research paper published in the British Journal of Dermatology to conclude… big surprise… indoor tanning is safer than ever.  To convince minors and unsuspecting consumers that UV radiation isn’t so dangerous after all, the ITA takes hold of and distorts a recent British study of melanoma patients from 1991 to 2004.

To be fair, the study does conclude that reports of escalating rates of melanoma may be overstated, but it hardly endorses indoor tanning, particularly for minors.  The researchers find a stark contrast between: (1) a 48% increase in melanoma diagnosis and (2) a 17.5% increase in mortality rate due to melanoma.  Instead of focusing on the significant rise in mortality, the researchers’ main conclusion is that much of the purported increase in melanomas is actually due to overcautious misdiagnosis of benign lesions.

What catches my eye – and is ignored by the ITA – is the rise in mortality.  The study finds a 17.5% increase in mortality rate over a mere fourteen years.  A frightening result to be sure.  How can that be when the research indicates doctors and patients are becoming far more cautious with regard to melanoma treatment and diagnosis?  Common sense tells us this dual vigilance ought to lower melanoma mortality rate, right?  And yet it has still risen 17.5% (through 2004), not to mention the five years of growth since 2004?!  But does the ITA share this concern?  Hardly, because it wouldn’t make business sense; the ITA has nothing to gain by providing consumers honest information about the danger of UV rays.  Its consistent goal for decades consists of persuading mostly women and teens, through any means necessary, to expose themselves to dangerous – cancer causing – UV rays.

Taking the study’s conclusions out of context, the Executive Director of the ITA John Overstreet shamelessly declares:

This information should make people rethink their fear of UV light.

John, you’re right for once, but not in the ‘forget everything dermatologists say and sacrifice health for a tan’ way you intend.  People should rethink their fear of UV light.  They should question whether we consider the risks enough.  Alarm bells should ring when overall melanoma mortality rate increases significantly despite enhanced doctor and patient diligence.  By all means let’s rethink our attitude towards UV radiation, but not by succumbing to the out of context, manipulated half-truths promulgated by your association.

(Post was prepared with the assistance of David Martin, University of North Carolina 2010)

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"We must do better to protect our teenagers from Cancer"

In a culture that worships everything beautiful, from pencil thin models to starlets strolling down the red carpet, it is no surprise that many teenage girls across the country are drawn to indoor tanning.

This $5 billion dollar a year industry draws them in with sophisticated and targeted advertising. Once in the door, they are barraged by insidious package deals (incentivizing them to bake everyday). Are they warned of the risk of skin cancer, including its deadliest form: melanoma?

Not a chance.

“The Indoor Tanning Association (ITA) has turned the truth on its head”.

They accuse the American Academy of Dermatologists (AAD) and its members of being liars and grossly overstating the risk of cancer to scare patients to their offices. The ITA prepares and distributes literature directed at teens extolling the health benefits of indoor tanning. (Why care about cancer when you can get a little Vitamin D). That position is completely contrary to decades of peer reviewed and respected medical studies linking indoor tanning to skin cancer. Indeed, the World Health Organization has called for a complete prohibition against minors engaging in indoor tanning.

Diana Schafer, 24 was one of those targeted teens. She started indoor tanning at age 14. She was told it was safe as long as she wore protective glasses and waited 24 hours between visits. She soon began going everyday, despite warnings from her mother to stop. “I always thought I was not tan enough”. After eight years of using tanning beds Diana was diagnosed with melanoma.

Where is the government? Who is going to protect the hundreds of thousands, perhaps millions of Dianas across the country? The United States Food and Drug Administration (FDA), the Federal Trade Commission (FTC) and state attorneys general have been silenced and outmaneuvered by the powerful and politically savvy ITA.

Enough is enough. We are talking about the health of our teens. Protection requires that victims and potential victims come forward and with experienced counsel file lawsuits to put an end to the shameless practices of this industry.

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