Tanning Accountability and Notification (TAN) Act Becomes Law

[Editor-in-Chief]

Tanning Accountability and Notification (TAN) Act Becomes Law

FDA to Examine Effectiveness of Warning Label on Indoor Tanning Equipment

President Bush signed HR 3580 into Public Law 110-085 on September 27, 2007. HR 3580 is the “Food and Drug Administration Amendments of 2007” and the TAN Act is contained in Section 230 of the new law.

What does the TAN Act do?
Under the terms of the law, the FDA is required to conduct consumer testing to determine if the text and positioning of warning labels on tanning devices provide sufficient information on the risks these devices pose for developing irreversible eye and skin damage, including skin cancer. The FDA also is required to determine if modifying the current label to read “ultraviolet radiation can cause skin cancer,” or any other additional warning, would communicate the risks of skin cancer more effectively. No later than a year after enactment, these determinations must be reported to the U.S. Congress in a report that also includes the measures FDA is taking to significantly reduce the risks associated with indoor tanning devices.

Why the TAN Act is Necessary
The current FDA warning label has not changed since 1979 although our understanding of the linkage between ultraviolet exposure and skin cancer and other skin and eye damage has greatly advanced during the intervening years. The label states that exposure “may” cause skin cancer—and thereby inadequately conveys the risks associated with indoor tanning--although the U.S. government itself has concluded that solar and artificial ultraviolet radiation are known human carcinogens. The labels are frequently placed on the top of tanning bed lids, which are propped open so consumers do not see the warning labels when using the devices. In sum, the current FDA warning label inadequately conveys the risks of tanning device usage to consumers, depriving them of the ability to make an informed decision about this activity.

Language of Current FDA Indoor Tanning Warning Label
"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."
The warning label has not changed since 1979.

TAN Act Language (Secton 230 of P.L.110-085)
SEC. 230. REPORT BY THE FOOD AND DRUG ADMINISTRATION REGARDING LABELING INFORMATION ON THE RELATIONSHIP BETWEEN THE USE OF INDOOR TANNING DEVICES AND DEVELOPMENT OF SKIN CANCER OR OTHER SKIN DAMAGE.
(a) 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
(2)(A) 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
(B) whether there is no warning that would be capable of adequately communicating such risks.
(b) CONSUMER TESTING.—In making the determinations under subsection (a), the Secretary shall conduct appropriate consumer testing to determine consumer understanding of label warnings.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report that provides the determinations under subsection (a). 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.

Academy News Release About TAN Act (September 28, 2007)

[Editor-in-Chief]

American Academy of Dermatology Association Commends President Bush for Signing Tanning Accountability and Notification (TAN) Act

New law designed to warn Americans about risks of indoor tanning devices

SCHAUMBURG, ILL (September 28, 2007) – Taking an important step which may help reduce significantly the incidence of skin cancer in Americans, President Bush yesterday signed the Tanning Accountability and Notification Act (TAN Act) into law. As part of the more comprehensive “Food and Drug Administration Amendments Act of 2007 (HR 3580),” the TAN Act directs the U.S. Food and Drug Administration (FDA), which regulates tanning equipment, to re-examine the language and positioning of the warning label on indoor tanning devices to ensure that it most effectively communicates the risk of irreversible damage to the eyes and skin, including skin cancer.

“The American Academy of Dermatology Association commends President Bush for signing this bill and recognizing the importance of proper warning labels on indoor tanning equipment,” said Diane R. Baker, MD, FAAD, president of the American Academy of Dermatology Association (Academy). “Demonstrating our commitment to reducing the incidence of and mortality from skin cancer, the Academy worked with congressional leaders to develop this bill,” stated Dr. Baker. “We congratulate bill sponsors Sens. Jack Reed (D-RI) and Johnny Isakson (R-GA) and Reps. Carolyn Maloney (D-NY) and Ginny Brown-Waite (R-FL). Their tireless efforts may ultimately help educate Americans about the health risks of indoor tanning, empowering them to make informed decisions.”

The new law requires the FDA to conduct consumer testing to “determine consumer understanding of label warnings.” It requires the Secretary of Health and Human Services to report back to Congress in one year with the results, including “the measures being implemented by the Secretary to significantly reduce the risks associated with indoor tanning devices.”

“The current labeling on tanning equipment inadequately explains the serious risks associated with indoor tanning,” stated Dr. Baker. “The TAN Act is a first step to correct this and ultimately will help educate the millions of Americans who tan each day about the potential cancer risks associated with ultraviolet (UV) radiation.”

Nearly 30 million people tan indoors in the United States annually. Of these, 2.3 million are teens. Indoor tanning equipment emits ultraviolet radiation which has been declared a known carcinogen by the Department of Health and Human Services. More than 1 million new cases of skin cancer will be diagnosed in the United States this year. Additionally, exposure to UV light is a known risk factor for melanoma, the second most common cancer in women aged 20-29.

The American Academy of Dermatology (Academy), founded in 1938, is the largest, most influential and most representative of all dermatologic associations. A sister organization to the Academy, the American Academy of Dermatology Association is the resource for government affairs, health policy and practice information for dermatologists, and plays a major role in formulating socioeconomic policies that can enhance the quality of dermatologic care. With a membership of more than 15,000 physicians worldwide, the Academy is committed to: advancing the diagnosis and medical, surgical and cosmetic treatment of the skin, hair and nails; advocating high standards in clinical practice, education and research in dermatology; and supporting and enhancing patient care for a lifetime of healthier skin, hair and nails. For more information, contact the Academy at 1-888-462-DERM (3376) or www.aad.org.

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Look at the bill this was buried in.

[Editor-in-Chief]

Something important from an earlier version was amended out of the bill:

(c) Public Hearings; Public Comment- The Secretary shall hold public hearings and solicit comments from the public in making the determinations under subsection (a).

So, no public hearings are required. The FDA need not solicit comments from the public in making the determinations.

Does it sound like the dermaterrorist's fix is in?

[sunsally]

This is NOT good --

I can't believe NOBODY is commenting on this!

[EliteMike]

ehh, who reads warning labels??

[Alan @ TanToday]

Did the ITA ever attempt to fight this or because it was Federal they decided to save their loot for winable state bills?

[JustTans23]

I used to like Bush, now I don't. Romney goes tanning, I want him for president.

[frankie]

Maybe Obama he does

[Editor-in-Chief]

Now that Democrats are in charge in DC, this is just the beginning of big trouble for the indoor tanning industry.

If Any Democrat wins the White House with a Democrat controlled Congress, it very well could doom the industry.

Of course, the demise of the indoor tanning industry, for Engfant and others here and elsewhere, is a small price to pay for Democrats controlling the Executive and Legislative branches of government.

[uv2021]

"The US government has concluded that ultrviolet radiation is a known carcinogen"The US government is nothing but a bunch of a@% holes .Next thing they will be saying that sunbeds were put here by bin laden.