Looking Fit 03/2004: The Role Of Regulations In Indoor Tanning

The Role Of Regulations In Indoor Tanning

by Rick Mattoon

The goal of regulatory agencies is to protect the consumer. As the indoor tanning industry continues to grow across the country, these same agencies are stretched to the limit in carrying out that primary objective. Because of this, it is ultimately the responsibility of indoor tanning facilities to ensure that mandatory regulations as well as sound facility practices are being followed in day-to-day operations—with the health and safety of the tanning consumer utmost in mind.

Federal Regulations

The federal government classifies tanning under a broad category: use of non-ionizing radiation equipment. The equipment used in tanning involves non-ionizing radiation as opposed to X-rays, which involves ionizing radiation. There are two branches of the federal government that share responsibility for regulating the indoor tanning industry: the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC).

The FDA operates under two laws in regard to indoor tanning salon operation. The first is the Radiation Control for Health and Safety Act, which regulates the manufacturing and use of protective eyewear, timers, tanning equipment and instruction manuals. The second law is the Federal Food, Drug and Cosmetics Act, requiring that equipment labels detail warnings and directions for equipment use.

Since indoor tanning first migrated to the United States in 1979, the FDA has been there every step of the way setting rules for the use and manufacturing of indoor tanning devices. Set in motion in 1980 with the Performance Standards For Sunlamp Products, regulations were first initiated primarily to advance the safety of home tanning units.

With the enormous growth of the indoor tanning industry in the early ’80s, federal regulators moved quickly to amend the 1980 standard to include more stringent regulations for commercial use and manufacturing of indoor tanning units. The following is a list of primary events in the evolution of federal regulations and industry participation:

May 7, 1980 Performance Standard For Sunlamp Products
This regulation was designed primarily to promote the safety of home sunlamps and was developed after a long period of public and industry comment.

May 20, 1983 FDA Proposes Amendments To 1980 Standards
FDA issues a proposed rule that amends the Performance Standard For Sunlamp Products based on the agency’s experience in administering the standard. These proposed changes will be the basis for today’s standards.

Sept. 8, 1986 FDA Amendment: 21 CFR Part 1040
This amendment pertains to the manufacturing and use of any ultraviolet lamp and sunlamp product manufactured on or after this day.

Feb. 9, 1999 FDA Proposes Rule Change
The FDA publishes an Advance Notice of Proposed Rule Making to explore possible changes to the sunlamp standard.

July 9, 1999 Submission Of Responses To FDA
Interested parties make numerous submissions to the FDA regarding its Advance Notice of Proposed Rule Making.

April 2000 First Indoor Tanning Regulatory Conference
LOOKING FIT® sponsors the first regulatory conference to allow regulators and salon owners to meet face to face to discuss topics that are instrumental in continuing the growth of the indoor tanning industry.

June 21, 2000 FDA Committee Reviews Recommendations
The FDA’s Technical Electronic Products Radiation Safety Standards Committee (TEPRSSC) rejects mandating the current recommended exposure schedule from the 1986 FDA Amendment 21 CFR Part 1040. However, the FDA recommends the following to TEPRSSC: 1) amending exposure schedules; 2) changing the Erythemal Action Spectrum to the Cancer Action Spectrum; 3) defining the conditions under which a tanning salon owner would be designated the manufacturer of a piece of equipment; 4) mandating warning labels in catalogs, specification sheets and brochures; 5) modifying warning labels; and 6) mandating education and training of all tanning salon operators.

Sept. 13, 2000 FDA Meets With Indoor Tanning Industry
For the first time, the FDA initiates a meeting with indoor tanning professionals to discuss the amendments mandated by the TEPRSSC at its June 21 meeting. The results?—a consensus that more workshops are needed.

April 5-7, 2001 LOOKING FIT® Hosts 2nd Regulatory Conference
Staff at LOOKING FIT® magazine, in conjunction with the National Tanning Training Institute, organizes a second Indoor Tanning Regulatory Conference in Phoenix. The conference brings together key regulatory and industry members who help shape the future of the industry.

The conference allows regulators, salon owners and manufacturers to meet face to face and discuss topics that are instrumental for continued growth of the indoor tanning industry.

Feb. 7-8, 2002 FDA And Tanning Industry Meet Again
The issue of lamp compatibility is discussed in Baltimore. Federal and state officials, scientists and leading industry representatives gather to talk about standardized lamp compatibility testing protocol at the manufacturing level.

In the past, most people gathered that lamp compatibility simply meant a lamp used in a tanning device had to be the lamp that came with the equipment or an FDA-compatible version. What they now are realizing is that true lamp compatibility is dependent on testing protocol that is not clear-cut.

This meeting is an attempt to start the long process of standardizing testing for accurate compatibility.

May 22, 2002 FDA Re-Addresses Tanning Amendments
TEPRSSC meets in Gaithersburg, Md., to hear an informal review of ongoing activities associated with electronic products. The FDA also discusses proposed amendments to the U.S. Performance Standard For Sunlamp Products.

Oct. 1, 2003 FDA Pursues Tanning Amendments

The FDA requests and is given the go-ahead by TEPRSSC to develop amendments to the U.S. Performance Standard For Sunlamp Products based on certain initiatives of international standards organizations concerning sunlamp products. At the same meeting, industry representatives voice their concerns over the amendments to the U.S. Performance Standard For Sunlamp Products.

Although given the go-ahead to proceed with the rule changes, the FDA must submit the proposal for public comment prior to any final acceptance. However, it isn’t known how long that could take.

The FTC

When discussing federal guidelines for indoor tanning, most people realize the role of the FDA. Its guidelines typically deal with the recommended manufacturing, labeling and usage of tanning equipment. However, when considering federal rules, all tanning salon professionals also fall under additional restrictions enforced by the Federal Trade Commission.

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 the nation’s markets function competitively and are vigorous, efficient and free of undo restriction. The FTC most affects tanning salons 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 tanning salons? 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.

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.” Avoiding any and all claims that relate directly or indirectly to the healthful benefits of indoor tanning—or regarding the safety of tanning—is the most prudent course of action a salon owner or operator can take. Sometimes finding the correct way to promote the positive aspects of indoor tanning can at first be challenging. So keep in mind comfort, convenience, control, service and cleanliness are features always acceptable in promoting any tanning facility. Below are a few examples that can be used in advertising a salon’s tanning services:
• “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.”

For more information about claims that can be made in tanning advertising, contact the Federal Trade Commission at (877) FTC-HELP or www.ftc.gov.

State And Local Regulations

Over the years, many articles have been written about federal regulations that direct the indoor tanning salon. As mentioned before, the FDA has well established rules and regulations that govern the manufacturing and use of devices for indoor tanning. The mission of the FDA is to enforce laws enacted by Congress that protect the American consumer’s health, safety and pocketbook. And the FTC’s objective is to eliminate acts or practices that are unfair or deceptive.

However, it undoubtedly has been state and local regulations that have been the key element in keeping indoor tanning salons operating under consistent and level standards within a state’s boundaries. Since the mid-1980s, more than half of the states have implemented regulations for businesses that offer indoor tanning devices for public use. These state regulations typically govern the actual operation, licensing and business practices of commercial tanning facilities.

County And City Regulations

Taking local regulations even further, let’s throw another factor into the regulatory equation. Although a salon owner may not have regulations governing his or her tanning business written at the state level, they may be in existence at the county or city level.

For instance, tanning salon owners in Alabama don’t have statewide regulations that pertain to the operation of their facilities. However, officials at the Jefferson County Health Department, using a set of local regulations—in addition to FDA and FTC standards—are authorized to inspect and score tanning salons in or near Birmingham.

Tanning facilities and equipment are evaluated for cleanliness and operational procedures at the county level. Tanning facilities in Jefferson County are inspected twice each year. Each facility is graded on a scale of 100, and a numerical score is issued upon the completion of each inspection. Current inspection results must be posted in a location easily visible to the tanning consumer in each tanning salon.

Information At Your Fingertips

When inquiring about state regulations, ask if any county or city regulations exist. Don’t accept “I don’t think so” as an answer. It would be prudent for any existing or potential salon owner to investigate whether his or her tanning facility falls within the jurisdiction of local tanning regulations. These regulations may assist a salon owner in operating a tanning facility that meets or exceeds the requirements necessary in promoting public health while preventing adverse effects to the general public. Also, knowledge of local regulations will help keep a salon in regulatory compliance.

Articles and lists in this issue are an excellent source for information in updating a salon’s regulatory responsibilities. Also, the “Regulatory Updates” section of the National Tanning Training Institute’s Web site, www.tanningtraining.com, lists each state’s radiation control offices. These state offices can be used as a starting point for regulatory research.