Education & Training: What You Can And Can't Say About Tanning

According to the FTC, the following types of claims cannot be made regarding indoor tanning:

• “You can achieve a deep year-round tan with safe ultraviolet light.”
• “No harsh glare, so no form of 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.”

Deceptive Advertising

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 the consumer’s decision to buy or use the product being offered for sale.

Be aware that the FTC monitors expressed and implied claims. An expressed claim is one that is literally made in the ad. For example, “Our tanning beds prevent osteoporosis.” An implied claim is one that is made indirectly, such as, “Our tanning beds create vitamin D, which prevents osteoporosis.” Although your ad may not directly say that your beds prevent osteoporosis, it would be reasonable for a consumer to conclude from this statement that your beds do, in fact, prevent osteoporosis.

What You Can Say

Avoiding any and all claims that relate directly or indirectly to any healthful benefit of indoor tanning—or reference the safety of tanning—is the most prudent thing a salon owner can do.

Unfortunately, this means finding the correct way to promote the positive aspects of indoor tanning can be challenging. However, professional tanning salons have many positive factors that can be promoted without crossing the line by mentioning health or safety. Comfort, control, convenience, service and cleanliness are just a few features that are always acceptable. Below are a few examples of satisfactory claims:

• “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 to you.”
• “Achieve a beautiful, golden tan at our salon, rain or shine.”

These are just a few suitable statements that are often made in salons’ advertisements nationwide. Other factors to consider are price, location, hours of operation, 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 FTC at (877) 382-4357 or online at www.ftc.gov. For a complete copy of current FDA regulations governing the indoor-tanning industry, visit www.tanningtraining.com.

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