FDA withdraws proposed rule banning indoor tanning for teens

The Food and Drug Administration on Tuesday withdrew a rule it had issued to ban all Americans under the age of 18 from using tanning beds.

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 prohibit the use of sunbeds by minors.Other states have restrictions that allow teenagers to use sunbeds with parental consent.

The federal law, first proposed in 2015, aims to prevent minors from using indoor sun lamps or tanning beds, and requires anyone 18 years old who uses a tanning salon to sign a waiver acknowledging the risks, including skin cancer and severe burns.

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

"Withdrawing the proposed restriction does not mean that exposure to UV rays does not cause skin cancer," an FDA spokesperson told NBC News in an email.

Skin cancer is the most common type of cancer in the United States.A 2025 study found that the rate of melanoma was more than double among those who used tanning beds -- about 5%, compared to about 2% -- among those who did not.According to the American Academy of Dermatology, tanning bed use before the age of 20 can increase the risk of melanoma by about 50%.

A 2025 survey from the American Academy of Dermatology found that younger generations, especially Generation Z, may not understand the risks associated with tanning.The survey found that nearly 60% of Gen Z adults believe tanning myths, including that basic tanning prevents skin from burning.

FDA's withdrawal notice states that the agency "received more than 8,100 comments on the proposed rule from organizations including industry associations, medical and healthcare organizations, law firms, cancer advocacy groups, and other interested parties, including individuals."

Other comments supported "your choice and parental choice" about who is old enough to be exposed to UV rays from sunlight.The agency also said speakers expressed concern about "young people's vulnerability to the dangers posed by sunlight" and concerns about "the burden of compliance on small businesses."

The announcement, which was signed by Health Secretary Robert F. Kennedy Jr., said the agency "continues to consider regulatory announcements related to solar products."

The FDA regulates sun lamps and tanning beds as Class II medical devices and requires products to carry a "black box" label — a warning that says the products should not be used by anyone under 18.

But without a federal rule that defines who can legally use a tanning bed, that warning has little meaning in states that do not place restrictions on the use of sunscreen for teens under 18.

Said Dr.Susan Taylor, the president of the American Academy of Dermatology, said the industry should not rely on the police themselves to prevent young children from using leather beds.

"A warning can make people stop and think, for example there are warnings on cigarettes, but if you have a law that says it's illegal for people under 18 to use it, it's mandatory," she said.

The American Academy of Dermatology is involved in lobbying for proposed regulations to regulate who can use sunscreen.

The American Tanning Association, which represents tanning salons, said in a statement that facilities already require parental consent for customers under 18.

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

But ultraviolet light is a carcinogen in the same class of carcinogens that cause cancer over time, such as tobacco and asbestos, Bergstrom said.

The FDA does not regulate the amount of each type of UV radiation that a bed emits.

"Age 18 is a natural barrier to maturity and decision-making, and we need to end it like we do with cigarettes 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 damage to the skin.UVB rays (short waves that affect the surface of the skin) cause sunburn and skin cancer.UVB rays make up only about 5% of the ultraviolet rays emitted by the sun.

"It's very difficult for consumers to determine how much UVA versus UVB exposure a person is getting from a tanning bed," Bergstrom said.

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

"The skin damage is the same in every country, and I think we're just putting kids in countries where these laws aren't strict enough to expose them to UV damage, and it's going to follow them for the rest of their lives," Bergstrom said.

Alabama requires a doctor's prescription for anyone under the age of 15 to legally use a tanning bed and requires parental consent for 16- and 17-year-olds.Some states - including Kentucky, Idaho, Indiana and Michigan - require written consent from a parent or guardian of a minor, and some states prohibit anyone under the age of 14 from using UV tanning machines.

In 2013, New Jersey banned anyone under 17 from using commercial tanning beds after a mother took her 5-year-old daughter to a tanning bed.

Taylor is especially concerned about teenagers

"We know that exposure to UV rays from the sun or tanning beds increases the risk of cancer," she says.