FDA Withdraws Proposed Rule to Ban Indoor Tanning for Minors

The Food and Drug Administration (FDA) has withdrawn a proposed rule from 2015 that would have prohibited individuals under 18 from using indoor tanning facilities. The withdrawal was signed by Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. on March 16.

The FDA cited "scientific and technical concerns" raised in public comments, as well as "possible unintended consequences" and proposed alternatives.

Proposed Rule Details

The rule, initially proposed by the FDA in 2015, would have:

• Banned individuals under 18 from using indoor tanning devices
• Required adult users to periodically sign forms acknowledging the risk of skin cancer and other health effects

Reasons for Withdrawal

A Department of Health and Human Services spokesperson stated the agency is reassessing how to "balance public health considerations with consumer access and choice."

The proposed rule generated more than 9,000 public comments from industry groups, medical associations, and individuals. Commenters cited support for "personal choice and parental decision-making" alongside concerns about "vulnerability of young people" and "compliance burdens on small businesses."

Existing Regulatory Landscape

Nineteen states and the District of Columbia currently ban minors from using indoor tanning facilities. Other states permit use with parental consent.

The FDA classifies sunlamps and tanning beds as Class II medical devices and requires a "black-box" warning against use by individuals under 18. However, without a federal regulation, this warning carries limited enforceability in states without specific minor restrictions.

Health Context

According to medical literature cited in news reports:

• Tanning beds emit UVA radiation at levels approximately 15 times that of natural sunlight
• The World Health Organization classifies UV-emitting indoor tanning devices as Group 1 carcinogens
• Studies indicate that tanning bed use before age 35 is associated with a 75% increased risk of melanoma
• Research suggests that use before age 20 may increase melanoma risk by nearly 50%
• Skin cancer is the most prevalent cancer in the United States

The World Health Organization classifies UV-emitting indoor tanning devices as Group 1 carcinogens.

Industry and Medical Responses

Medical organizations, including the American Academy of Dermatology, expressed disappointment over the withdrawal. These groups had advocated for stricter regulations, citing data linking indoor tanning to increased skin cancer risk.

Tanning industry groups, including the Indoor Tanning Association and the American Suntanning Association, opposed the proposed rules. They cited arguments for personal choice, questioned the scientific evidence regarding increased risk for young users, and expressed concerns about potential unregulated "underground" tanning businesses.

International Context

Australia and Brazil have banned cosmetic indoor tanning for all ages. Most western European countries and Canadian provinces have bans on minors using indoor tanning facilities.

Regulatory Status

The FDA reported receiving over 8,100 comments on the proposed rule. Secretary Kennedy signed the withdrawal notice, stating the agency "continues to consider regulatory initiatives related to sunlamp products."