Time to ban sunbeds

Consumer NZ sent under-age and type-1 fair-skinned mystery shoppers to sunbed operators around the motu. We wanted to survey how well operators were upholding the law and standards that restrict sunbed use for at-risk consumers.

None of our mystery shoppers should have been allowed to take a sunbed – but disappointingly, many of them were!

One operator (Studio 31) allowed a 14-year-old to have a sunbed on two separate occasions at two different locations (in Palmerston North and Whanganui) – a clear breach of the Health Act 1956, which restricts sunbed use to people aged 18 and over.

Six operators (four in Auckland and two in Wellington) let a person with type-1 skin (fair skin, which burns easily or never tans) have a sunbed.

Three of these operators were repeat offenders. MegaSun Studio in Auckland went even further, altering the consent form our shopper had completed when she attended the studio – so her skin type changed from type 1 to type 2 – after we contacted them to ask why they let her in.

Our survey shows consumers don’t have sufficient protection from dodgy sunbed operators. We think it’s time sunbeds were banned.

None of our mystery shoppers actually used the sunbeds. Instead, they used the time to complete our survey form in the privacy of the sunbed cubicles.

Are sunbeds safe?

The World Health Organization’s International Agency for Research on Cancer classifies sunbeds as carcinogenic.

Research has shown that people who first used a sunbed before the age of 30 have a 75% greater risk of developing melanoma. The risk of melanoma increases the more often you use a sunbed.

The New Zealand Dermatological Society Inc (NZDSI) says the only time using a sunbed is useful is during medical phototherapy, where the body is exposed to wavelength controlled ultraviolet (UV) radiation to treat some skin conditions. The NZDSI says these treatments should be conducted under medical supervision.

Under-age sunbed use

The Health Act 1956 restricts sunbed use to people aged 18 and over. The more you use a sunbed and the younger you start, the higher your risk of getting skin cancer.

We sent our under-age mystery shoppers to 23 sunbed operators (five in Auckland, seven in Wellington, six in Christchurch, one in Hastings, two in Whanganui and two in Palmerston North). Most operators refused to let our shoppers book a session.

Studio 31, however, allowed our shopper to have a sunbed session at both its Palmerston North and Whanganui premises, despite the under-age ban. Our shopper completed an online consent form and skin assessment at the Palmerston North studio. The consent form stated that users under 18 years are not permitted to use a sunbed and the shopper signed the declaration confirming this, but her age was not verified, and she was allowed to proceed.

When she subsequently turned up to the Whanganui studio, she wasn’t asked any consent or skin assessment questions because her details were on record from the Palmerston North visit.

We contacted Studio 31 about our survey. The owner told us our shopper signed the consent form confirming she was over the age of 18 but the form did not have a date of birth question. Studio 31 will consider amending the form to include this.

Fair skin sunbed use

The voluntary sunbed standard (AS/NZS 2635:2008 Solaria for cosmetic purposes) recommends that people with type 1 skin (fair skin that burns readily or never tans) shouldn’t use a sunbed. It also advises sunbed operators to use a skin-assessment questionnaire to determine a person’s Fitzpatrick Skin Type.

The questionnaire asks about genetic factors (eye, hair and skin colour, and number of freckles), reaction to sun exposure, and tanning habits. Points are allocated for each question and the total score gives your skin type. There are six skin types: a score of 0 to 7 is skin type 1, while a score of 8 to 16 is skin type 2.

We sent shoppers with type-1 skin, as assessed by a health professional, to 17 sunbed operators (eight in Auckland and nine in Wellington).

In Auckland, our type 1 shopper was refused a sunbed at four places. However, four operators didn’t turn her away, despite her completing a skin assessment.

At MegaSun Studio, our shopper’s assessment gave a score of 7 (type 1), yet she was allowed a sunbed.

When we contacted them about it, MegaSun disputed our findings and provided us with a copy of the skin assessment form completed by our shopper. However, the form had been altered by MegaSun and her score recalculated as type 2.

Our shopper was not consulted about the changes made to her answers on the form. We’re extremely concerned that something that could have such a significant impact on our shopper’s health occurred without her knowledge or consent.

At Counties Health & Fitness Club, our shopper was similarly classified as type 1, but was allowed a sunbed. Club management told us they were surprised at our survey’s findings, as staff are educated about the sunbed rules. They have since investigated the matter and are confident it was a one-off occurrence due to human error. They also said that, since we contacted them, they have reviewed the past 4 years of consent forms and this is the only error found.

At Headstart Total Body our shopper was classified as type 1 and was told she had one of the lightest skin types so will burn quicker. She was allowed 5 minutes on the sunbed and told she could build up to 13 minutes with subsequent visits. Headstart Total Body had also allowed a type-1 shopper to have a sunbed in our 2022 survey.

At Solaris Tanning our shopper completed a consent form but the skin assessment was undertaken verbally by the staff member – our shopper did not fill in the skin assessment questionnaire herself. Despite, giving identical answers to skin assessments at other operators, the company assessed her as type 2 (12 points) and she was allowed the sunbed. We’ve been advised that since our survey took place, Solaris Tanning has changed ownership.

Auckland Council has implemented a bylaw regulating sunbed operators, so we’ll be passing on to it our Auckland survey findings.

In Wellington, two out of the nine operators our mystery shopper visited let her have a sunbed.

Classic Tan and Studio 128 both scored our shopper 4 on their skin assessment forms. These two operators also allowed a type 1 person to use a sunbed in our 2022 survey.

At Studio 128, our shopper was told “we can just sneak you in under the umbrella of light” but that she “probably shouldn’t jump on” and started her on the shortest time of 2 minutes.

Classic Tan told us its policies and procedures clearly state people with type 1 skin cannot tan using a sunbed and additional training will be given to all staff.

A precautionary approach is required

Dermatologist and co-president of the NZDSI, Dr Louise Reiche, says it’s disappointing sunbed operators are continuing to offer potentially lethal UV exposure to our most vulnerable fair-skin New Zealanders.

Dr Reiche says a major problem with skin-type questionnaires is that the answers are always subjective.

“Looking at a person’s skin is not a particularly good way of discriminating between skin type 1 and 2, and studies have shown there are limitations to using patient-reported appearance to predict individual risk and self-reported burning,” she said.

The NZDSI strongly believes the tanning industry needs to take a precautionary approach when assessing people, and not allow people with skin types 1 and 2 to use a sunbed.

Sunbed regulation

Since 2017, it’s been illegal under the Health Act 1956 for operators to allow under-18s to use a sunbed.

In Auckland, the council has also implemented a bylaw requiring sunbed operators to be licensed and to comply with minimum standards. This includes providing customers with a consent form and conducting a skin assessment.

For the rest of the country, it’s not compulsory to comply with the sunbed standard, although Health NZ Te Whatu Ora advises sunbed operators they should comply.

The standard includes criteria about consent forms, eye protection, warning notices and skin assessments. It states sunbeds should never be used by people with type-1 skin. It also recommends that people who’ve been sunburnt several times in childhood, people with numerous moles, and people who’ve been treated for skin cancer or are taking certain medications don’t use one.

Sunbeds should be banned

We’ve been mystery shopping sunbed operators for years. Every time, we find the lack of regulation and failure to adhere to the voluntary standard means consumers don’t have sufficient protection. We’d like sunbeds banned.

A sunbed ban is also supported by several agencies, including the NZDSI, Cancer Society of New Zealand, Melanoma Foundation, MelNet and the University of Otago’s Social and Behavioural Research Unit.

Dr Reiche was horrified that sunbed operators were permitting type 1 and underage clients to use sunbeds, while knowing these groups are at higher risk for skin cancers, including melanoma, later in life because of the UV exposure.

“Such behaviour demonstrates that voluntary regulation is failing. Te Whatu Ora is struggling to cope with current skin cancer health burdens – some of the highest in the world – and commercial sunbed exposure adds to this risk. The only solution is a complete ban on non-medical sunbed use.”

Consumers also support our call. In a 2023 Consumer NZ survey, only 17% of respondents did not support a ban, while 47% supported a ban and 36% were unsure.

Sunbeds are already banned in Australia, which has similarly high rates of skin cancer.