I 
109TH CONGRESS 
2D SESSION 
H. R. 4767 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2006 
Mrs. MALONEY (for herself and Ms. GINNY BROWN-WAITE of Florida) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
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 de-
vices 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tanning Account-
ability and Notification Act of 2006’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) The Food and Drug Administration 
(‘‘FDA’’) and numerous leading United States 
health care organizations estimate that approxi-
mately one million Americans each year will be 
stricken with skin cancer, a potentially deadly dis-
ease, and the most common of all types of cancers. 
(2) The number of cases of melanoma, the most 
deadly of all skin cancers, is rising in the United 
States. The American Cancer Society estimates 
111,900 Americans will be diagnosed with melanoma 
in 2006. Nationally, one person dies of melanoma al-
most every hour. 
(3) Numerous studies have established that 
skin cancer is closely associated with excessive ultra-
violet light exposure. 
(4) In December 2002, the National Institute 
of Environmental Health Sciences issued a report 
that identified broad spectrum ultraviolet radiation 
produced by artificial light sources as a known car-
cinogen and added such radiation to its listing of 
228 substances linked to cancer. 
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(5) The FDA, joined by the National Institutes 
of Health, the Centers for Disease Control and Pre-
vention, the World Health Organization, and the 
American Academy of Dermatology, discourages the 
use of tanning beds and sun lamps, and has con-
cluded that indoor tanning can be as harmful as out-
door tanning, and that perhaps more than one mil-
lion people in the United States alone visit tanning 
salons each day on the average. 
(6) The FDA and numerous leading United 
States and international health care organizations 
have expressed concerns that the consuming public 
generally, and teenage population particularly, is not 
aware that indoor tanning devices emit ultraviolet 
radiation that is similar to and sometimes more 
powerful than the UV radiation emitted by the sun. 
(7) The FDA has concluded that there are no 
‘‘safe rays’’ insofar as both types of ultraviolet light 
cause skin cancer, damage to the eyes and the im-
mune system, as well as wrinkling and other signs 
of premature skin aging. Tanning devices in salons, 
tanning parlors, spas, and similar settings are in no 
way less harmful alternatives to the sun’s rays. 
(8) Exposure to ultraviolet radiation, especially 
from indoor tanning equipment, is not necessary to 
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maintain adequate levels of vitamin D in the body. 
A comprehensive review of the scientific literature 
published in the February 2006 issue of the Journal 
of the American Academy of Dermatology confirms 
that exposing oneself to harmful doses of ultraviolet 
radiation is an unsafe practice that is not essential 
to maintaining an adequate supply of vitamin D for 
good bone and muscle health. 
(9) According to the American Academy of Der-
matology, manufacturers of tanning devices should 
be required to fix upon the devices a warning label 
reading, ‘‘Ultraviolet radiation can cause skin cancer 
and nonreversible forms of damage to the skin’’. 
SEC. 3. REPORT BY FOOD AND DRUG ADMINISTRATION RE-
GARDING LABELING INFORMATION ON RELA-
TIONSHIP BETWEEN USE OF INDOOR TAN-
NING 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 ‘‘Sec-
retary’’), acting through the Commissioner of Food and 
Drugs, shall determine— 
(1) whether the labeling requirements for in-
door tanning devices, including the positioning re-
quirements, provide sufficient information to con-
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sumers regarding the risks that the use of such de-
vices pose for the development of irreversible damage 
to the eyes and skin, including skin cancer; and 
(2)(A) whether adding the warning suggested 
by the American Academy of Dermatology to the 
current warning label, or any other additional warn-
ing, 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 determina-
tions under subsection (a), the Secretary shall conduct ap-
propriate consumer testing, using the best available meth-
ods for determining consumer understanding of label 
warnings. 
(c) PUBLIC HEARINGS; PUBLIC COMMENT.—The 
Secretary shall hold public hearings and solicit comments 
from the public in making the determinations under sub-
section (a). 
(d) 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 
under subsection (a). In addition, the Secretary shall in-
clude in the report the measures being implemented by 
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the Secretary to significantly reduce the risks associated 
with indoor tanning devices. 
Æ 
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