FDA pulls proposed rule barring teens from indoor tanning

The Food and Drug Administration on Tuesday withdrew a proposed rule that would have banned all Americans under the age of 18 from using tanning beds.

Dozens of states, including California, Delaware, Illinois, Kansas and Minnesota, as well as Washington, D.C., already ban the use of tanning beds by minors. Other states have restrictions that allow teens to use tanning beds with parental consent.

The federal rule, first proposed in 2015, aimed to prevent minors from using indoor solar lamps or tanning beds, and required anyone over 18 using a tanning salon to sign a waiver acknowledging risks including skin cancer and serious burns.

Tanning beds can emit up to 15 times more ultraviolet radiation (invisible light that causes tanning and sunburn) than direct sunlight. This exposure damages the DNA of skin cells and can trigger changes that cause these cells to go out of control and become cancerous.

“Removing the proposed restrictions does not mean that exposure to UV rays does not cause skin cancer,” an FDA spokesperson said in an email to NBC News. “The FDA encourages users of sunscreen products to discuss potential risks with their doctor before using sunscreen products.”

Skin cancer is the most common type of cancer in the United States. A 2025 study found that melanoma rates among people who used tanning beds were more than double — about 5% versus about 2% — compared to those who didn’t use them. Using tanning beds before age 20 can increase the risk of developing melanoma by nearly 50 percent, according to the American Academy of Dermatology.

A 2025 survey by the American Academy of Dermatology showed that younger generations, especially Generation Z, may not understand the risks associated with tanning. The survey found that nearly 60 percent of Gen Z adults believed some tanning myths, such as that a base tan will prevent skin from sunburn.

The FDA’s withdrawal notice states that the agency “received more than 8,100 comments on the proposed rule from entities including industry associations, physician and health care professional associations, law firms, cancer advocacy groups, and other interested parties, including individuals.”

Some comments supported “personal choice and parental decision-making” about who was old enough to be exposed to UV rays from solar lamps. The agency also said commenters expressed concerns about the “vulnerability of young people to risks from solar light products” and the “compliance burdens on small businesses.”

The notice, signed by Health Secretary Robert F. Kennedy Jr., said the agency “continues to consider regulatory initiatives related to solar lamp products.”

The FDA regulates sun lamps and tanning beds as Class II medical devices and requires that products include a “black box” label – a warning that the products should not be used by anyone under 18 years of age.

However, without a federal rule determining who can legally use tanning beds, this warning carries little weight in states that do not place restrictions on the use of sunscreen products by adolescents under 18.

Dr. Susan Taylor, president of the American Academy of Dermatology, said the industry should not be counted on to police itself by preventing minors from using tanning beds.

“A warning can make people stop and think, there are warnings on cigarettes, for example, but if you have a law that says under 18s are not allowed to consume them, it is enforceable,” she said.

The American Academy of Dermatology helped lobby for the proposed rule to regulate who can use sun lamps.

The American Suntanning Association, which represents tanning salons, did not respond to a request for comment.

Dr. Kendra Bergstrom, a board-certified dermatologist at UW Medicine in Seattle, said small doses of ultraviolet rays from the sun are important for the body to produce vitamin D, which promotes bone health.

However, UV radiation is a carcinogen in the same class as cancer-causing substances such as tobacco and asbestos, which cause cancer over time, Bergstrom said.

The FDA does not regulate the amount of each type of UV radiation emitted by a bed.

“The age of 18 is a natural barrier to maturity and decision-making, and we need to set a limit, like we do with smoking or gambling,” said Bergstrom, who was not involved in the proposed rule.

UVA rays are longer waves that penetrate deep into the skin and cause wrinkles, freckles and skin damage. UVB rays – short waves that affect the skin’s surface – cause sunburn and cancerous mutations in the skin. UVB radiation only makes up about 5% of the UV radiation emitted by the sun.

It’s very difficult for consumers to know how much UVA and UVB a person is exposed to from a tanning bed, Bergstrom said.

While she appreciates the desire to allow some flexibility between states, it doesn’t always make sense for health policy, she added.

“Skin damage is the same in every state and I feel like we’re just giving children in states without these laws the opportunity to expose themselves to UV damage that will be with them for the rest of their lives,” Bergstrom said. “It seems like skin cancer is starting to slow down in younger people and I hope it’s through awareness and prevention, but trends are changing.”

Alabama requires a doctor’s prescription for anyone under 15 to legally use a tanning bed, and requires parental consent for 16 and 17 year olds. Several states – including Kentucky, Idaho, Indiana and Michigan – require written consent from a parent or guardian for minors, and many states prohibit anyone under the age of 14 from using UV tanning devices.

In 2013, New Jersey banned anyone under the age of 17 from using commercial tanning beds, after a mother brought her 5-year-old daughter to a tanning salon.

Taylor is particularly worried about teenagers.

“We know that ultraviolet radiation, emitted by the sun or by solar lamps, increases the risk of cancer,” she said. “Not everyone is going to read what’s outside the tanning bed, so for the protection of our citizens, we need federal rules.”