Regulatory & Legislative Issues

"This shows a new legislative attitude toward the regulation of business," says John Overstreet, executive director of the Indoor Tanning Association (ITA). "The passage of the TAN Act should serve as a wake-up call for the entire industry, reminding us that there is a very powerful national lobby whose goal is to first ban teens from tanning and, ultimately, to shut down the industry. This means that we have to redouble our efforts and make sure policymakers hear both sides of the story."

However, Overstreet also points out that the passage of the TAN Act hasn’t really changed the way the FDA oversees tanning equipment warning labels.

"For all the hype coming out of the dermatologists and other proponents, the TAN Act is a pretty benign piece of legislation," he says. "It doesn’t give the FDA any new authority—it simply instructs the agency to review the warning label, which is the authority it already has."

IN GENERAL—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’), acting through the Commissioner of Food and Drugs, shall determine—

1) ... whether the labeling requirements for indoor tanning devices, including the positioning requirements, provide sufficient information to consumers regarding the risks that the use of such devices pose for the development of irreversible damage to the eyes and skin, including skin cancer; and

2a) ... whether modifying the warning label required on tanning beds to read "Ultraviolet radiation can cause skin cancer" or any other additional warning would communicate the risks of indoor tanning more effectively; or

2b) ... whether there is no warning that would be capable of adequately communicating such risks.

CONSUMER TESTING—In making the determinations, the Secretary shall conduct appropriate consumer testing to determine consumer understanding of label warnings.

REPORT—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report that provides the determinations. In addition, the Secretary shall include in the report the measures being implemented by the Secretary to significantly reduce the risks associated with indoor tanning devices.

The Current FDA Warning Label For Tanning Devices

DANGER—Ultraviolet radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. WEAR PROTECTIVE EYEWEAR; FAILURE TO DO SO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of this product.