II 

109TH CONGRESS 

2D SESSION S. 3812 

To require the Food and Drug Administration to conduct consumer testing 

to determine the appropriateness of the current labeling requirements 

for indoor tanning devices and determine whether such requirements 

provide sufficient information to consumers regarding the risks that 

the use of such devices pose for the development of irreversible damage 

to the skin, including skin cancer, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

Mr. ISAKSON (for himself and Mr. REED) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To require the Food and Drug Administration to conduct 

consumer testing to determine the appropriateness of 

the current labeling requirements for indoor tanning devices and determine whether such requirements provide 

sufficient information to consumers regarding the risks 

that the use of such devices pose for the development 

of irreversible damage to the skin, including skin cancer, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Tanning Account3 ability and Notification Act of 2006’’. 

4 SEC. 2. REPORT BY FOOD AND DRUG ADMINISTRATION RE5 GARDING LABELING INFORMATION ON RELA6 TIONSHIP BETWEEN USE OF INDOOR TAN7 NING DEVICES AND DEVELOPMENT OF SKIN 

8 CANCER OR OTHER SKIN DAMAGE. 

9 (a) IN GENERAL.—The Secretary of Health and 

10 Human Services (referred to in this section as the ‘‘Sec11 retary’’), acting through the Commissioner of Food and 

12 Drugs, shall determine— 

13 (1) whether the labeling requirements for in14 door tanning devices, including the positioning re15 quirements, provide sufficient information to con16 sumers regarding the risks that the use of such de17 vices pose for the development of irreversible damage 

18 to the eyes and skin, including skin cancer; and 

19 (2)(A) whether adding the warning suggested 

20 by the American Academy of Dermatology to the 

21 current warning label, or any other additional warn22 ing, would communicate the risks of indoor tanning 

23 more effectively; or 

24 (B) whether there is no warning that would be 

25 capable of adequately communicating such risks. 


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1 (b) CONSUMER TESTING.—In making the determina2 tions under subsection (a), the Secretary shall conduct ap3 propriate consumer testing, using the best available meth4 ods for determining consumer understanding of label 

5 warnings. 

6 (c) PUBLIC HEARINGS; PUBLIC COMMENT.—The 

7 Secretary shall hold public hearings and solicit comments 

8 from the public in making the determinations under sub9 section (a). 

10 (d) REPORT.—Not later than one year after the date 

11 of the enactment of this Act, the Secretary shall submit 

12 to the Congress a report that provides the determinations 

13 under subsection (a). In addition, the Secretary shall in14 clude in the report the measures being implemented by 

15 the Secretary to significantly reduce the risks associated 

16 with indoor tanning devices. 

Æ 


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