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Florida Could Prohibit Local Bans On Sunscreen

The statewide legislation has implications for the promo products industry.

Legislators in Florida are considering a bill that would prevent local governments from enacting sunscreen bans, which have the potential to affect the promotional products industry.

Sunscreen

Last week, the Florida Senate Rules Committee voted 12-4 in favor of a bill that would prohibit cities, towns and the like from regulating the use of sunscreen. The Sunshine State’s full Senate is expected to discuss the proposed legislation this Wednesday.

As the Miami New Times reports, the legislation is a reaction to a Key West ordinance that is scheduled to hit the books next year. That local rule would require people to have medical prescriptions for sunscreens that contain certain chemicals that some studies show cause damage to coral reefs. 

Mandates prohibiting sunscreen with particular chemicals in them have the potential to impact promo suppliers and distributors. Where enacted, the bans could affect sales of branded sunscreen. Relatedly, the bans would make it so that promo firms will need to ensure that any sunscreen they sell or circulate in locales where the prohibitions are in place does not contain the banned chemicals.

In 2018, Hawaii became the first state in the country to ban the sale or distribution of over-the-counter sunscreens that contain oxybenzone and octinoxate, which some scientists and environmentalists say can, effectively, kill coral reefs. The Hawaii rules take effect Jan. 1, 2021. Promo pros that do business in the Aloha State need to be aware of the legislation. For instance, giving out sunscreen at a trade show or conference could lead to violating the law if the sunscreen contains the banned chemicals.

Back in Florida, however, the proposed prohibition on local-level sunscreen regulations would, if enacted, mean that promo distributors selling there would only have to deal with issues related to sunscreen bans if such rules were one day established at a statewide level. Currently, there’s not a proposal in Florida for a statewide ban.

"Local governments should not be picking and choosing which types of sunscreens are available based on junk science,” Florida State Sen. Rob Bradley said in a quote reported by WJHG. He proposed the bill prohibiting local regulations on sunscreen.

Some environmentalists see things differently. Holly Parker Curry, of the ocean-protection-focused nonprofit Surfrider Foundation, noted that coral reefs are an important part of drawing tourists to the Florida Keys, so a community like Key West should be able to decide if it wants to ban sunscreens that can, as some studies assert, harm coral reefs. "Why wouldn't we allow a community to regulate that when their entire economy and way of life is based on the health of their coral reefs?” said Parker Curry, according to WJHG.