President Bush signed the Tanning Accountability and Notification (TAN) Act into law Sept. 27 as part of the Food and Drug Administration (FDA) Amendments of 2007. Under the terms of the law, the FDA must conduct consumer testing to determine if the current text and positioning requirements of warning labels on tanning devices provides sufficient information on the risks of using tanning equipment. The FDA also will determine if modifying the current label to read “ultraviolet radiation can cause skin cancer” or adding any other warning would convey the risk of skin cancer more effectively.
These findings must be reported to the U.S. Congress within the next year; that report also must include a description of the measures the FDA is taking to significantly reduce the risks associated with indoor tanning devices.
The current FDA warning label has not changed since 1979 and states that exposure “may cause skin cancer,” which proponents of the TAN Act say inadequately conveys the understanding of the link between ultraviolet (UV) exposure and skin cancer. In addition, proponents say that current positioning requirement dictating that the warning label be placed on tanning equipment is ineffective because the label is commonly placed on the top of bed lids—which are often propped open—and therefore, can be overlooked by users.
Reps. Carolyn Maloney and Ginny Brown-Waite introduced the TAN Act (HR 4767) in February 2007 amid an influx of proposed anti-tanning legislation at the state level.
“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.”
Verbiage Of The TAN Act (Section 230 of Public Law 110-085)
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 MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult 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.
