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ASDSA’s Model SUNucate Legislation Now Includes Sunscreen Tax Exemption Provision, Sunglass Usage

The American Society for Dermatologic Surgery Association (ASDSA) Board of Directors has added an optional provision to its SUNucate legislation that encourages states to consider making sunscreen exempt from sales tax, as well as adding sunglasses as an option for sun-protective clothing.

ASDSA believes these additions can help promote sun-safe behaviors and skin cancer prevention by increasing access to essential skin-protection measures. Exempting sunscreen from sales tax could encourage more people to adopt sun-safe habits and save both lives and healthcare costs overall. Sunglasses are an essential form of sun-protective clothing as they shield the eyes from UV rays, reducing the risk of cataracts and protecting the skin around the eyes.

“As dermatologic surgeons, we see firsthand the devastating impact of skin cancer—a preventable disease. By updating SUNucate to include the option to remove sales tax on sunscreen, we are empowering states to make this vital health tool more accessible,” says ASDSA President M. Laurin Council, MD, MBA, in a news release. “We urge lawmakers to consider this opportunity to invest in prevention and protect public health.”

Sunscreen is an effective form of skin cancer prevention, and it is crucial that Americans have access to and utilize U.S. Food and Drug Administration (FDA)-approved sunscreen. The four bipartisan chairs of the Congressional Skin Cancer Caucus—including an ASDSA member, Representative John Joyce, MD—have introduced legislation to streamline the FDA review process of the effectiveness and safety of new ingredients for nonprescription sunscreens. The legislation, H.R. 3686, along with a Senate companion bill effort, the SAFE Sunscreen Standards Act, is a crucial step in skin cancer prevention.

The need for SUNucate arose after concerns were raised by ASDSA members that children were not allowed to bring sunscreen to school. Sunscreens are regulated as over-the-counter drugs under the Federal Food, Drug and Cosmetic Act, making them subject to school bans. The SUNucate initiative was launched in 2016 by the ASDSA to address barriers to sunscreen use at schools and school-sponsored events and to promote sun-safe behaviors. To date, 30 jurisdictions have implemented SUNucate, and there is currently active legislation in Massachusetts to pass SUNucate into law.