Robert K

President's Message
The ITA board conducted its first quarter 2012 meeting on April 24 in Baltimore, Maryland. This was a very important meeting because this was the first opportunity for the board to look at revenue trends and projections. Good news/bad news -- We are ahead of 2012 targets but still behind what we did in 2011.
As we conducted our review, in the non-salon dues category we found that the vast majority of the businesses are members and those members include all the major players. Once again, however, salon businesses lag far behind. While most the major chains and franchise operations are with us, 80% of the roughly 18,000 salon businesses still ride on the paying members' coattails and that has to improve.
We also had a management consultant review our operations and tell us what we need to focus on going forward. No surprise, we learned that securing additional revenue streams is our most critical need. The consultant, an expert in the operation of 501 C-6 non-profit trade associations, told the board there are four ways that associations such as the ITA bring in revenue – certification, magazines, dues and conferences. The ITA depends almost solely on dues and we were told that needs to change if we are to survive.
The board is actively exploring ways to correct these problems.
Thanks, Rob
State Legislation
We took another hit in late April when Vermont became the second state to enact an under 18 ban. Vermont is a state known for government activism, as evidenced by the fact that one of its two United States Senators is the only Socialist in the Congress. It is unfortunate when these outlier states pass these laws but we take solace in the fact that mainstream state governments have not followed California's lead.
The Arizona legislature completed its 2012 session last week and the anti-tanning legislation is now dead. The Connecticut and Minnesota legislatures also adjourned this week ending threats there. In Missouri, the House rejected several teen bans instead approving a bill requiring parental consent under the age of 18. At this point, it is unclear whether the Senate will have time to act on that proposal before the target adjournment date in May.
A couple of big questions marks still remain. The North Carolina legislature will convene in May for a two month session. The North Carolina Child Fatality Task Force met in April and recommended to the legislature they ban teens under 18. The legislature will review that recommendation in May and June. The legislature has rejected similar proposals in the past but businesses across North Carolina need to let the elected officials in Raleigh know how they feel about this intrusion of government into raising children.
In Delaware, we heard rumors all winter and spring to expect a fight over an under 21 ban this year. While the talk continues and businesses statewide weigh in with their elected officials, we still have not seen a bill.
We are still actively fighting proposals that would place unreasonable restrictions on the industry in a number of states including Illinois, Massachusetts, Michigan, New Jersey, New York, Pennsylvania and Rhode Island. In some states the legislatures will adjourn by June. However, in other state capitals the process will go throughout the rest of the year.
The tale of the New Jersey mother who entered the national spotlight for allegedly letting her 6 year old daughter tan indoors has caused a flurry media attention on the industry and caused problems in several states, not the least of which is New Jersey and New York. This week cancer groups held press conferences in Trenton and Albany capitalizing on the publicity from that story. In Albany, the cancer groups are hosting a lobby day to put pressure on the state senate to pass the teen tan ban. We are mobilizing our troops as well. This story was a gift to our opponents and it keeps on giving.
Federal Issues -- FDA Reauthorization
In the Senate draft of the FDA reauthorization legislation, there are two provisions that could affect our industry.
A small but vocal group of Members of Congress have engaged in a sustained battle against the indoor tanning industry over the past four years and have repeatedly sought to pressure the FDA to impose burdensome regulations on the indoor tanning industry. The sting operation a couple of months ago emanating from the House Energy and Commerce Committee's minority staff was another salvo in this ongoing campaign. To counter this effort, we have been aggressively meeting with key policy makers in both the House and Senate, educating them about the industry and making sure understand how people back home will be affected if the FDA is forced to succumb to political pressure instead of sound science.
A new bill (S.2301) was introduced in the United States Senate in April by Senator Jack Reed (D-RI) called the TAN Act (Tanning Transparency and Notification Act). This legislation would require the FDA to report to Congress on "whether the labeling requirements for indoor tanning devices 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.”
As most industry veterans know, the FDA has had the authority over the warning label since the 1980's and industry leaders have been working with the Agency to make the label clearer and more user friendly for years. This bill is another shot in the same on-going fight. The Reed bill is also included in the Senate draft of the FDA Reauthorization legislation.
There is another provision in the Senate draft that could present challenges. Section 601 would give the FDA the authority toreclassify medical devices without going through the existing standard procedures ( i.e. notice of proposed rule in the Federal Register, comment period, respond to comments, final rule). This is the pet project of the Senate Health Committee chairman Tom Harkin (D-IA) and while this is not aimed at us, if enacted, it could certainly be used against us.
There is nothing similar in the House drafts right now and our contacts on the committee tell us it will likely be opposed by House Republicans. However, with a Democrat in the White House and the Democrat Senate committee chairman as sponsor, this has to be taken seriously.
Thanks Again to All ITA Supporters
As we work to make sure state and Federal policymakers know the truth and leave your businesses alone, we want to thank those companies that pay for this effort. Please support the ITA's manufacturers and suppliers nationwide.

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Please Support the ITA-Political Action Committee
So much of the long term success of the industry is dependent on politics and for that reason; the ITA PAC is a critical element in our overall legislative strategy. This is an election year and the stakes are high. Change is in the air. A number of our supporters who hold traditionally safe seats are worried about what may happen in November. ITA must step up to the plate and show our allies they can depend on us when the chips are down. We need to contribute approximately $45,000 to our friends' campaigns in the next five months.
Please support the ITA PAC. It is an investment in our industry's future; an investment that will pay great dividends down the road. Thank you for your commitment to ITA so far. Please make a generous contribution to the PAC of $1,000, $500 or $100 and help us make sure our friends stay in decision-making positions in the U.S. Congress.
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Robert Klem
Superior UV Technologies
(888) 526-7712 x77
robertk@superioruv.com