The Government Is Turning Up the Heat on Indoor Tanning
First, the FDA is considering changing its stance on indoor tanning. An FDA expert panel recommended last Thursday that the FDA reclassify indoor tanning equipment.
Sun lamps and U-V lights are currently classified as “low-risk devices”, in the same category as tongue depressors and nail clippers.
Last time I checked my nail clipper did not emit cancer-causing levels of radiation.
MSNBC reported that increasing the classification level to Class II would allow the FDA to monitor and control the levels of radiation emitted from these dangerous products.
Second, the FTC recently entered into litigation with the Indoor tanning Agency (ITA) in a dispute over the agency’s health claims in advertisements. The ITA’s ads included the following false, misleading and plain old outrageous claims:
- Indoor tanning is approved by the government;
- Indoor tanning is safer than outdoor tanning because the UV light in indoor tanning can be monitored and controlled;
- Research shows that vitamin D supplements may harm the body’s ability to fight disease;
- A National Academy of Sciences study determined that “the risks of not getting enough ultraviolet light far outweigh the hypothetical risk of skin cancer”
The two parties agreed to a settlement wherein the ITA agreed to retract many of its ads that praise the false benefits of indoor tanning. All future ads must contain the following notice: “NOTICE: Exposure to ultraviolet radiation may increase the likelihood of developing skin cancer and can cause serious eye injury.”
At Berk Law we’ve been sounding the alarm for months about the dangers of indoor tanning. Millions of American consumers are subjecting themselves to unnecessary cancer risks, generally at an age – under 30 – when they are most at risk to develop skin cancers. We certainly agree that indoor tanning should be absolutely barred for those under 18. We also support the view of the FDA’s panel of experts that the equipment used in indoor tanning should be reclassified to reflect the true danger that it represents. Come on folks, tongue depressors and nail clippers.
So we say charge on! It is refreshing to see the FDA and Congress heeding national and international concern over this insidious and dangerous practice.
Stay tuned for future developments.
Assisted by Zachary Kady
Steven N. Berk has over twenty years of litigation experience spanning both the private and public sectors. His practice ranges from representing Fortune 500 Companies, to consumers. Steven is based in Washington, D.C. and founded Berk Law in May 2009....
