Posted : 03/01/2002

Posted : 03/01/2002

Living With Federal Guidelines

by Rick Mattoon

The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) share the responsibility of regulating sunlamps and tanning devices. The FDA typically enforces regulations that deal with the labeling and manufacturing of tanning devices; the FTC investigates false, misleading and deceptive advertising claims about the devices. When these agencies determine that a label on a tanning unit does not comply with the regulations or that advertisements are not truthful, they have the authority to take corrective action. Ultimately, the FDA can remove products from the marketplace.

Performance Standards For Sunlamp Products

If the proper procedures are not followed, indoor tanning can have negative consequences. Because of this, the FDA developed stringent rules and regulations that govern the manufacture and use of devices for indoor tanning.

The initial performance standard for sunlamp products (including tanning units) published in the Federal Register became effective for all tanning devices on May 7, 1980. The regulation was designed primarily to promote the safety of home sunlamps. It was developed after a long period of both public and industry commentary.

When the indoor tanning industry began to boom, the FDA revisited its regulations by completing a further investigation on the use of indoor tanning devices. The FDA became concerned with the potential for injury, since use of the products had resulted in several injuries, ranging from "severe sunburn" from overexposure to the ultraviolet radiation to cuts from broken lamps.

It became apparent that additional safety precautions were needed beyond those required by the standard. Therefore, the standard was amended in 1985; the new version became applicable for all tanning devices manufactured on or after Sept. 8, 1986.

Several factors heavily influenced this current set of FDA regulations governing the indoor tanning industry. The initial standards that had been established did not adequately address some of the potential safety issues associated with commercial tanning units. The new regulations suggest possible approaches that manufacturers can take to ensure maximum safety.

Salon owners need to remember that if any products pose a risk to the health of users, the FDA is prepared and authorized to take regulatory action. Safety may be enforced through mandatory or voluntary recalls, injunctions, and imposition of fines or seizure of the products. However, in this specific case, the FDA requested that manufacturers of tanning units that did not meet the standard and recommendations voluntarily discontinue production until modifications could be made. In addition, modification of previously manufactured products was recommended as soon as was feasible.

Although these regulations were written specifically for manufacturers, salon owners and operators should be familiar with the rules to help them run a secure and more comfortable salon. Knowledge of the regulations also will prove beneficial when educating salon employees and customers.

User Positioning In The Booth

The intensity of the radiation to which a user is exposed usually depends upon the distance the user is from the lamp. The intensity of the radiation at contact can be as much as five times higher than that at a distance of 12 inches. Serious burns can occur if the proper exposure distance is not maintained. Installing handrails, placing markings on the floor or utilizing other suitable physical aids are possible solutions.

Timer Error

The ultraviolet radiation intensity usually found inside a tanning booth is relatively high when compared to the sun or the intensities associated with smaller home portable sunlamps. Because of this, allowable exposure times are shorter. Therefore, more accurate control of exposure duration is necessary to decrease the risk of overexposure and injury. A timer having an accuracy of + or - 10 percent of any selected timer interval is sufficiently accurate.

Protective Eyewear

Exposure of a person's eyes to ultraviolet radiation may result in eye damage; however, persons being exposed need to see well enough to maintain their balance and to locate the door and the exit quickly and safely should it be necessary. It is important that eyewear meeting the FDA's standards to help protect the eyes from ultraviolet radiation--and allow adequate vision--be provided. (see story on page 124).

Temperature Control

Operation of sunlamps can increase the temperature in an enclosed area. A large increase in temperature might cause fainting and subsequent injury. Units which keep the temperature below 100 degrees F (38 degrees C) would not be cause for concern.

Electrical Safety

If potential electrical hazards in the unit are not controlled, users, operators and service personnel could be seriously injured. Elevated temperatures cause perspiration, which can enhance the possibility or severity of an electric shock. Even without perspiration, the skin may come into contact with the interior surfaces that house lamps and ballasts and carry a large amount of current. Without proper circuit design and insulation, there is a potential for electric shock.

In addition, there are potential hazards to operators and service personnel. Changing lamps, turning on the device, etc., can be a hazard if the device is not grounded properly and if ground fault protectors are not included. There also is the possibility of a fire due to circuit overloads, wire shorting and the use of flammable material. Electrical hazards will be minimized in booths that conform to currently recognized electrical standards for such equipment.

Mechanical Construction

The collapse of a booth might cause electrical shock, fire or direct physical injury. This can be prevented by designing the booth to have enough strength and rigidity to resist the stress of use and to withstand the impact of a falling person.

Protection From Lamps

A person can be cut and seriously injured by falling into or bumping against bare sunlamps. This can be prevented by the use of physical barriers around the lamps, such as heavy grid wires or ultraviolet-transmitting plastics, which are sturdy enough to withstand the impact of a falling person.

Access And Support

Rapid entrance into or exit from the booth is essential in emergencies. This can be assured by the use of doors that open outwardly and are opened easily from both inside and outside of the booth. The potential for injuries from falls can be reduced by the use of handrails and floors that provide adequate traction for wet or dry bare feet.

For a complete copy of current FDA regulations governing the indoor tanning industry, visit www.tanningtraining.com.

The Federal Trade Commission

Tanning salon owners and operators are governed by laws that are based at the local, state and federal levels. When discussing federal guidelines, most people realize the FDA is a governing body. Its guidelines typically deal with the recommended manufacturing, labeling and usage of tanning equipment. However, when considering federal rules, all tanning facility owners and operators also fall under additional restrictions enforced by the Federal Trade Commission (FTC).

The FTC enforces a variety of federal antitrust and consumer protection laws. Although some may argue this point, the FTC's goal is to ensure that the nation's markets function competitively and are vigorous, efficient and free of undue restrictions.

How the Commission most affects tanning facilities is through its objective to eliminate acts or practices that are unfair or deceptive. According to the Commission, "Efforts are directed toward stopping actions that threaten consumers' opportunities to make informed choices."

Truth-In-Advertising

What truth-in-advertising rules apply to advertisers? Under the Federal Trade Commission Act:

1. Advertising must be truthful and non-deceptive;

2. Advertisers must have evidence to back up their claims; and

3. Advertisers cannot be unfair.

Additional laws even apply to ads for specialized products such as consumer leases, credit, 900 telephone numbers and products sold through mail order or telephone sales. In addition to FTC guidelines, all states have consumer protection laws that govern ads running in that state.

According to the FTC, here are some claims that should not be made regarding indoor tanning:

"You can achieve a deep year-round tan with safe ultraviolet light."

"No harsh glare, so no goggles or eye protection is necessary."

"Tan without the harmful side effects associated with natural sunlight."

"No danger in exposure to ultraviolet light."

"Our tanning beds help relieve the pain and discomfort of psoriasis."

What Makes An Ad Deceptive?

According to the FTC's Deceptive Policy Statement, an ad is deceptive if it contains a statement--or omits information--that:

Is likely to mislead consumers acting reasonably under the circumstances; and

Is "material"--that is, important to consumer's decision to buy or use the product being offered for sale?

The FTC looks at both expressed and implied claims. An expressed claim is literally made in the ad. For example, "Our tanning beds prevent osteoporosis" is an expressed claim that your beds prevent osteoporosis. An implied claim is one that is made indirectly. "Our tanning beds create vitamin D that prevents osteoporosis" contains an implied claim that your beds will prevent osteoporosis. Although your ad may not say that your beds prevent osteoporosis, it would be reasonable for a consumer to conclude from this statement that your beds do prevent osteoporosis.

What You Can Say

Avoiding any and all claims that relate directly or indirectly to any healthful benefit of indoor tanning--or regarding the safety of tanning--is the most prudent thing a salon owner can do. Sometimes finding the correct way to promote the positive aspects of indoor tanning can at first be challenging. However, professional tanning salons across the country have many positive factors that can be promoted without crossing the line of health and safety. Comfort, control, convenience, service and cleanliness are just a few features that are always acceptable in promoting any tanning facility. Below are a few examples that are acceptable in tanning advertising:

"Indoor tanning offers a predictable tanning environment controlled by timers that ensure the accuracy of your tanning session."

"You can achieve a beautiful year-round tan in the comfortable setting of our tanning salon."

"Our staff will evaluate your tanning potential using a skin typing chart that determines the most productive tanning session available."

"Achieve that beautiful golden tan at our salon rain or shine."

These are just a few suitable statements that are often made in salons' advertisements across the country. Other factors to consider are price, location, hours of operation, exciting new equipment, selections of tanning products and the level of knowledge your staff has about tanning.

If you have questions about claims you can make in your advertising, contact the Federal Trade Commission at (877) FTC-HELP or online at www.ftc.gov.

For a complete copy of current FDA regulations governing the indoor tanning industry, visit www.tanningtraining.com