[Congressional Record Volume 153, Number 30 (Friday, February 16, 2007)]
[Senate]
[Pages S2178-S2179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself and Mr. Isakson):
  S. 668. 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; to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I join Senator Isakson in introducing 
the Tanning Accountability and Notification (TAN) Act.
  Approximately 1 in 5 Americans will develop skin cancer in their 
lifetime. While the decline in cancer deaths reported earlier this year 
is an indication that we are starting to turn the corner on our fight 
against cancer, approximately 1 million people will be diagnosed with 
skin cancer and 10,850 are expected to die in 2007 alone.
  There are many factors that contribute to these startling figures. In 
recent years efforts have been undertaken by various organizations to 
better inform the public about the risk of sun exposure and ways to 
decrease the chance of developing skin cancer. One area, however, where 
better information is sorely needed is on the use of indoor tanning 
salons.
  Every day approximately 1 million people visit a tanning salon. It is 
a practice particularly popular among teens, the group that seems most 
at risk from the effects of indoor tanning. The American Academy of 
Dermatology, the Food and Drug Administration, FDA, the National 
Institutes of Health, NIH, the Centers for Disease Control and 
Prevention, CDC, and the World Health Organization, WHO, all discourage 
the use of indoor tanning equipment.
  This message and the current information about the risks of indoor 
tanning I fear are not being adequately passed on to consumers. The FDA 
has not updated its warnings on tanning beds since 1979. Regular users 
of indoor tanning beds deserve to be fully informed.
  The TAN Act calls upon the FDA to revisit the current label on indoor 
tanning beds and determine through a process of public hearings and 
consumer testing what kind of labeling requirements would convey 
important information on the risks of indoor tanning.
  This legislation is not about introducing new regulations but 
ensuring that the current FDA regulations remain effective in 
communicating accurate, current, and clear information to consumers 
about indoor tanning salons.
  I look forward to working with my colleagues toward passage of this 
bipartisan legislation. I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 668

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tanning Accountability and 
     Notification Act of 2007''.

     SEC. 2. REPORT BY FOOD AND DRUG ADMINISTRATION REGARDING 
                   LABELING INFORMATION ON RELATIONSHIP BETWEEN 
                   USE OF INDOOR TANNING 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 ``Secretary''), acting 
     through the Commissioner of Food and Drugs, shall determine--
       (1) whether the labeling requirements for indoor tanning 
     devices, including the positioning requirements, provide 
     sufficient information to consumers regarding the risks that 
     the use of such devices 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

[[Page S2179]]

     other additional warning, 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 determinations under 
     subsection (a), the Secretary shall conduct appropriate 
     consumer testing, using the best available methods 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 subsection (a).
       (d) Report.--Not later than 1 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 include in 
     the report the measures being implemented by the Secretary to 
     significantly reduce the risks associated with indoor tanning 
     devices.
                                 ______