Tan Talker

How much actual power does the FDA hold over tanning salons or the tanning industry at large?

Don Smith

Jim:

Not just a good question, it is a GREAT (or GWEAT as my grandson says) question!

Here is what I call the regulatory conundrum:

1. FDA has jurisdiction over the manufacturers.

2. The regulated states have jursdiction over tanning salons in their states.

3. The major impact of the regulations that FDA "mandates" that the manufacturers adhere to affects tanning salon owners.

4. Because those regulations are INVARIABLY "enforced" by the regulated states.

Thus, Jim, tanning salon owners cannot hide their heads in the sand and hope that the manufacturers look out for our best interests. Remember, when a manufacturer ships the product, it becomes the tanning salon owner's problem (if you are in a regulated state).

For example. The State of Texas enforces the "fallow period" wording (the time between tanning sessions) on the sunbeds sold in that state. (Keep in mind that there is NO REQUIREMENT for ANY fallow period language to be placed on any sunbed!) Therefore, if manufacturer "A" said that the tanning salon owners should "allow" 48 hours between sessions, that amount of time must be adhered to - to the minute! On the other hand, if a sunbed manufacturer said that they just "recommend" a 48-hour fallow period, it wasn't enforced! Moreover, those sunbed manufacturers who were "silent" regarding the fallow period caused the owners of their beds no problem at all.

[Note: The State of Texas "enforces" a 24-hour fallow period - NOT A MINUTE LESS.]

That is why tanning salon owners must propactively interact with FDA even though FDA doesn't directly have jurisdiction over us. If we don't look out for our own best interests, who will?

Another example of why this is important is the "pending" FDA "Amendment 3 - Definition of a Manufacturer."

If Amendment 3 turns out the way the manufacturers hope, they will be able to charge exhorbitant prices for "replacement parts" because you will be FORCED to use those "authorized" by the sunbed manufacturer (including whatever sunlamps they mandate!).

It is folly to think that either ITA or the manufacturers are going to look out for the best interests of tanning salon owners. They will, as they should, look out for their own best interests!

It is our responsibility to look out for our own best interests!

Hope this helps.

Don

MJ

Don,
Michigan Is not a regulated state. Do you have an info that would suggest we will be soon?
Not that I would necessarily mind..Some chop shops would but I don't think It would be a problem for me.
Mj

Tan Talker

Thanks Don, I appreciate the English Language version. I got the pictures you sent explaining everything else.
I need to catch up on Florida's regs.
Jim

Don Smith

Jim:

You should get in touch with Ken Widergen the head of the State of Florida tanning salon regulatory group.

He is, IMHO, one of the most impressive and receptive of the state regulators I have met.

What may surprise you (and others) is that state regulators like Ken value input from professional tanning salon owners.

Don

Jamacia Jim

The FDA is a federal agency so although your individual state my not have regualtions no state is "unregulated" you must follow FDA guidlines.

That is until the Pro regulation crowd gets their way.

fungirlz

Fla, seems to be going crazy with the money these days. Another hit here another hit there..

Between all the regulations and inspections (remember we also see the medicial inspectors because of skin care treatments). Wow we need deep pockets, if they continue to hit us up for an extra 300. every single time we turn around and open the mail... it will end up costing us a fortune everytime we buy a new unit..
everytime we add another treatment..service....

Would FDA over rule FLA rules and regulations? probably right? Seems like a big circle of fuzz when they all get together to regulate.

Don Smith

Jim:

Technically, you are correct.

Practically, regulations without enforcement means that there are, de facto, no "real" regulations. With half of the states regulated and half not, the "playing field" is not even!

The "pro regulation" group is the anti-tanning segment of the dermatology community. THEY are the "enemy" that we should be focusing our attention on! They want to "regulate" us out of existance.

The way for any regulated industry to avoid having more regulations is to "self-regulate" to a point where the regulators have nothing to do (like the Maytag repair man).

Don

tangirl

Everyone needs to keep in mind that although some states do not have regulations. Other states are allowing counties to take over and create their own regulations. Utah is a prime example.