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Mark:
Good question!
The FDA (Food and Drug Administration) and FTC (Federal Trade Commission) have "shared" responsibility for the indoor tanning industry.
The FDA is responsible for the "technical" aspects and the FTC is responsible for the "advertising" aspects.
My experience with both agencies is that FDA is FAR more responsive and fair than is the FTC. [Note: Take a look at some of the anti-tanning "comments" on the FTC website - www.ftc.gov - and you will see what I mean.]
So in answer to your question, it would be FTC who would bring "action" against you for making "health" claims about tanning EVEN IF THEY WERE SUPPORTED BY VALID, PEER-REVIWED SCIENTIFIC DATA!
Before you say that this isn't "fair" let me say that many things in life are unfair!
What we have to do is quit crying about this situation being "unfair" (and it is!) and get it changed.
A case in point. We can only say that the result of a series of tanning sessions is the development of a "cosmetic" tan and yet we, and FDA/FTC, knows (or ought to know) that the development of facultative pigmentation (better known as a "tan") is photoprotective, thermoprotective and immunoprotective. The only "tan" that is "only" cosmetic in nature is the one provided by the "fake spray" booths which, ironically, ARE NOT COVERED BY FDA/FTC!
If you are scratching your head and wondering what the **** is going on, join the wonderful, wacky world of regulations!
Don "Now You Understand Why I Am As I Am" Smith
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