As a politician, there is a base expectation that–at one point or another–you will have to pick a side on a variety of different issues. Are you pro-choice or pro-life? What do you think about single-payer healthcare? Should recreational marijuana use be legalized? Yet even with this understanding, Utah state Representative Craig Hall must have been surprised when he had to step forward as an active proponent of sunscreen use.

Hall has four red-headed school-aged children and currently lives in the state with the highest rate of melanoma in the United States. He has even said that he buys sunscreen “in the Costco size,” so his seemingly-peculiar stance should not be a shock to anyone. But Hall cemented himself into this position earlier this year when he introduced legislation this year to allow kids to bring sunscreen to school.

“My colleagues’ first reaction to this bill was mostly, ‘Seriously? We need a bill for this?'” he told PBS Stateline.

The U.S. Food and Drug Administration classifies sunscreen as an over-the-counter drug product–right alongside ibuprofen or cough syrup–which means that students from kindergarten to 12th grade cannot bring it to school without a doctor’s note. Even with a note, it must be applied under the supervision of a school nurse.

Under this new sunscreen bill, students would be allowed to bring and self-apply their own sunscreen, without a parent or physician’s authorization. If need be, someone working at the school could help apply sunscreen on the student if a parent or legal guardian provides a signed consent form saying so. It was officially signed into law back in March and started a trend among other states to amend their sunscreen-in-school laws.

Alabama, Arizona, Florida, Louisiana, and Washington have all enacted measures that followed Utah’s example within the last four months. They joined California, New York, Oregon and Texas, which already have lifted the ban on sunscreen in school. Terry Cronin, a Melbourne, Florida, dermatologist and head of the advocacy working group for the dermatologic surgery society, attributes the quick results to how easy the issue is to get behind.

“It’s an issue that doesn’t seem to be politically divisive at all,” said Cronin. “Everybody sees that kids need to be protected from skin cancer and they should be protected with sunscreen.”

But sunscreen bills still face some roadblocks in legislatures across the country. One such bill in Mississippi cleared the Senate but died in a House committee, and a bill introduced in Georgia has stalled. In Rhode Island–where outdoor recess is mandated state-wide–a sunscreen bill was held up because the state’s association of school nurses cited concerns of potential allergies among students.

Some of the bills have continued to face challenges, even after they have become law. While many California school districts updated their sunscreen policies as a result of Billy’s Bill for Sun Safety–the nation’s first sunscreen bill enacted by the state in 2002–surveys have discovered that “many schools had not changed their practices even though the district had changed its policy,” said Jeff Ashley, a Burbank, California, dermatologist. Ashley believes this is because schools don’t want to become babysitters.

Even so, states such as Illinois, Ohio, and Massachusetts are still pushing for change. Dr. Henry Lim, president of the American Academy of Dermatology, said that the risk of developing melanoma in adulthood is strongly related to a history of sunburns as a child and teen.

“Children’s skin is much thinner, so the ability for the sun to penetrate the skin is significantly higher as compared to adults,” he said. “Having availability for kids to be able to use sunscreen saves them from a lot of sun damage and saves them from the development of skin cancer.”

Gabe Fernandez

Gabe is an editorial intern at Law Street. He is a Peruvian-American Senior at the University of Maryland pursuing a double degree in Multiplatform Journalism and Marketing. In his free time, he can be found photographing concerts, running around the city, and supporting Manchester United. Contact Gabe at Staff@LawStreetMedia.com.

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Jessica Alba’s vision was simple.

In her own words she wanted to create “an honest company that’s transparent about their business practices, transparent about their ingredients that go inside, effective, safe.”

And with $150 million in revenue last year and a valuation of $1.7 billion it seemed like the Fantastic Four actress’ business model for The Honest Company was poised for lasting success. So how then did a 30 SPF sunscreen trigger two $5 million class-action lawsuits that threaten to dismantle her growing natural product empire?

Well, starting early this summer, Honest consumers began posting images on social media of severe sunburns, claiming that the company’s all natural sunscreen they used was utterly useless at protecting against harmful UV rays.

@Honest my husband and I are burnt from using your sunscreen but my friends who used @bananaboat were fine. #why pic.twitter.com/VzChI1bwTc

— Alicia Underwood (@AliciaChantelle) August 13, 2015

Don’t buy @Honest sunscreen unless u want to look like this. Second time I’ve tried this stuff and got fried pic.twitter.com/pEhO5GYIkQ

— Lindsy (@LindsyMarshall) July 26, 2015

@Honest this is my very real result from Honest 30 SPF sunscreen. Only spent 1 hour outside. Burnt. #nothappy #red pic.twitter.com/T42TNeg5mj — Brandon Atherton (@bdatherton) June 1, 2015

The social media firestorm caused by the photos drew attention to a history of consumer dissatisfaction dating back to the sunblock’s reformulation. According to Forbes, Honest had attempted in 2014 to squash consumer’s concerns over the greasy white residue left by the sunscreen’s first formulation by decreasing its zinc oxide concentration from 20 percent to 9.3 percent. However reducing the zinc oxide, which is block’s only active ingredient, by more than half may have in effect lowered the natural product’s potency.

Last week consumer Jonathan D. Rubin responded, filing a $5 million class-action lawsuit against Honest alleging that not only is its sunscreen ineffective, but several of its natural products actually contain synthetic additives.

Alba responded to the first lawsuit last week in a statement issued to Pret-a-Reporter saying,

We believe that consumers deserve to know what’s in their products — whether it’s diapers for their children, cleaning products for their families or beauty products for themselves. Our formulations are made with integrity and strict standards of safety, and we label each ingredient that goes into every product – not because we have to, but because it’s the right thing to do.

The allegations against us are baseless and without merit. We strongly stand behind our products and the responsibility we have to our consumers. We are steadfast in our commitment to transparency and openness.

I know my children, Honor and Haven, are growing up in a safer home because of our products.

Then yesterday TMZ reported that a second class-action lawsuit had been filed over the sunscreen seeking another $5 million from Honest. It couldn’t have come at worse time for the company, who plans to debut a new natural cosmetics and facial care product line very soon.

The photographic evidence does seem pretty damning, but a judge will have to decide whether or not it was a faulty reformulation or consumer error that lead to so many consumers seeing red.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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