The Federal Trade Commission has obtained a settlement from the Indoor Tanning Association in which the industry group has agreed that it will no longer make false health and safety claims about indoor tanning.
The tentative settlement was approved by commissioners in late January by a vote of 4-0. The agency opened the agreement for public comments until Feb. 26. After that, the FTC will decide whether to make the settlement final.
The American Academy of Dermatology (AAD) applauded the action, noting that it had complained to the FTC in the wake of an advertising campaign launched by the Indoor Tanning Association (ITA) in March 2008. That campaign made a number of false claims, according to the FTC. Among them: that indoor tanning is approved by the government; that it is safer than outdoor tanning; and that vitamin D supplements may impair immunity.
The ITA ad campaign also claimed that the National Academy of Sciences had determined that "the risks of not getting enough ultraviolet light far outweigh the hypothetical risk of skin cancer."
"The messages promoted by the indoor tanning industry fly in the face of scientific evidence," said David C. Vladeck, director of the FTC's Bureau of Consumer Protection in a statement announcing the settlement.
Dr. David M. Pariser, president of the AAD, noted that the FTC's settlement comes at a good time "because many individuals may be using indoor tanning facilities during the winter months under the false impression that this is a safe way to generate their bodies' production of vitamin D, as has been claimed by the industry in its advertising."
The Melanoma Research Foundation said in a statement that "the settlement also reiterates the need for clear and fact-based guidelines for tanning devices."
According to the draft settlement, ITA is prohibited from "making the misrepresentations challenged in the complaint, from misrepresenting any tests or studies, and from providing deceptive advertisements to its members."
Future ads must make certain disclosures. Ads that make claims about health benefits or safety of indoor tanning have to say: "Exposure to ultraviolet radiation may increase the likelihood of developing skin cancer and can cause serious eye injury."
According to the draft settlement, any advertisement that makes a claims about vitamin D must say: "You do not need to become tan for your skin to make vitamin D. Exposure to ultraviolet radiation may increase the likelihood of developing skin cancer and can cause serious eye injury."
The FTC also posted an alert for consumers on its Web site, explaining the myths contained in the ad campaign.
In a statement after the settlement, the ITA reiterated that it had not been found guilty. "As the FTC's consent order states, the settlement agreement is for settlement purposes only and does not constitute an admission by the ITA that it made misrepresentations or violated any law," according to a statement from the association.
The settlement applies only to the ITA and its actions. It does not apply to the thousands of individual tanning bed operators. However, the Food and Drug Administration is taking a closer look at tanning bed risks. Its General and Plastic Surgery Devices Panel is scheduled to meet Mar. 25 to consider whether changes need to be made to tanning bed warnings.