In response to charges from The Federal Trade Commission that it made false health and safety claims about indoor tanning, the Indoor Tanning Association has agreed to a settlement that bars it from any further deception.
The FTC complaint alleges that in March 2008, the association, which represents tanning facilities and suppliers of tanning equipment, launched an advertising campaign designed to portray indoor tanning as safe and beneficial.
False Claims
The campaign included two national newspaper ads, television and video advertising, two Web sites, a communications guide, and point-of-sale materials that were provided to association members for distribution in local markets. In addition to denying the skin cancer risks of tanning, the campaign allegedly also made these false claims:
• Indoor tanning is approved by the government;
• Indoor tanning is safer than tanning outdoors because the amount of ultraviolet light received when tanning indoors is monitored and controlled;
• Research shows that vitamin D supplements may harm the body’s ability to fight disease; and
• A National Academy of Sciences study determined that “the risks of not getting enough ultraviolet light far outweigh the hypothetical risk of skin cancer.”
Settlement Terms
Under its settlement with the Commission, the association is prohibited from making the misrepresentations challenged in the complaint, from misrepresenting any tests or studies, and from providing deceptive advertisements to members. The settlement also requires that future association ads that make safety or health benefits claims for indoor tanning may not be misleading and must be substantiated. Further, the order requires that certain future advertisements from the association contain disclosures. Ads that make claims about the safety or health benefits of indoor tanning are required to clearly and prominently make this disclosure:
“NOTICE: Exposure to ultraviolet radiation may increase the likelihood of developing skin cancer and can cause serious eye injury.”
Comment from AAD
The American Academy of Dermatology applauded the Federal Trade Commission for its action. “The American Academy of Dermatology commends the FTC for its investigation into the false and deceptive health and safety claims about indoor tanning being perpetuated by the indoor tanning industry,” said dermatologist David M. Pariser, MD, FAAD, president of the American Academy of Dermatology. “The scientific facts are clear: exposure to ultraviolet (UV) radiation — either from the sun or from artificial sources such as indoor tanning — increases the risk of developing skin cancer, including melanoma, the deadliest form of skin cancer,” said Dr. Pariser.
