S. 3812

Tanning Accountability and Notification Act of 2006

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II

109th CONGRESS

2d Session

S. 3812

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.

Short title

This Act may be cited as the Tanning Accountability and Notification Act of 2006.

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 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 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 include in the report the measures being implemented by the Secretary to significantly reduce the risks associated with indoor tanning devices.