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
This is the verbiage of the warning label currently required by the FDA 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.
