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, DC, have already banned the use of tanning beds by minors. Other states have restrictions that allow teenagers to use tanning beds with parental consent.
A federal rule first proposed in 2015 aimed to prevent minors from using indoor sunlamps or tanning beds and require anyone over 18 using a tanning salon to sign a waiver acknowledging the risks, including skin cancer and severe burns.
Tanning beds emit 15 times more ultraviolet radiation than direct sunlight — the invisible light that causes suntans and sunburns. This exposure damages the DNA in skin cells and can trigger changes in those cells to get out of control and lead to cancer.
“The withdrawal of the proposed restrictions does not mean that exposure to UV radiation does not cause skin cancer,” an FDA spokesperson told NBC News in an email. “The FDA encourages users of sunlamp products to discuss potential risks with their physicians before using sunlamp products.”
Skin cancer is the most common cancer in the United States. A 2025 study found melanoma rates were twice as high among people who used tanning beds — about 5% compared to about 2% — than those who didn’t. According to the American Academy of Dermatology, using tanning beds before the age of 20 can increase the risk of developing melanoma by about 50%.
A 2025 survey by the American Academy of Dermatology showed that younger generations, particularly Gen Z, may not understand the risks associated with tanning. The survey found that nearly 60% of adult Gen Zers believed some tanning myths, such as that getting a base tan will prevent skin from sunburn.
More on skin cancer risks
FDA’s notice of withdrawal states that it “received more than 8,100 comments on the proposed rule from other interested parties, including industry associations, medical and health professional associations, law firms, cancer advocacy groups, and individuals.”
A few comments supported “personal choice and parental decision-making” regarding older adults’ exposure to UV radiation from sunlamps. The agency said commenters expressed concern about “the vulnerability of young people to the dangers of sunlamp products” and “compliance burdens on small businesses.”
Health Secretary Robert F. The notice, signed by Kennedy Jr., said the agency “continues to consider regulatory initiatives related to Sunlamp products.”
The FDA regulates sunlamps and tanning beds as Class II medical devices and requires the products to include a “black-box” label — warning that the products should not be used by those under 18.
However, without a federal rule determining who can legally use tanning beds, that warning carries little weight in states that do not have restrictions on teens under 18 using sunlamp products.
Dr. Susan Taylor, president of the American Academy of Dermatology, said the industry shouldn’t be counted on to police itself in preventing minors from using tanning beds.
“A warning can make people stop and think, for example there are warnings on cigarettes, but if you have a law that says under 18s are not allowed to use these, it’s enforceable,” he said.
The American Academy of Dermatology is involved in lobbying for a proposed rule to regulate who can use sunlamps.
The American Suntanning Association, which represents tanning salons, did not respond to a request for comment.
A board-certified dermatologist at UW Medicine in Seattle, Dr. Kendra Bergstrom says small amounts of ultraviolet rays from the sun are important for the body to produce vitamin D, which supports bone health.
However, UV radiation is a carcinogen in the same category as cancer-causing substances such as tobacco and asbestos, which can cause cancer over time, Bergstrom said.
The FDA does not regulate every type of UV radiation that a mattress emits.
“Age 18 is a natural barrier to maturity and decision-making, and we need to draw a cutoff like we do for cigarettes or gambling,” said Bergstrom, who was not involved with the proposed rule.
UVA radiation is the long waves that penetrate deep into the skin and cause wrinkles, freckles and skin damage. UVB radiation – the short waves that affect the surface of the skin – cause sunburn and cancerous transformations of the skin. UVB radiation only makes up about 5% of the UV radiation emitted by the sun.
Bergstrom said it’s very difficult for consumers to know how much UVA and UVB a person is exposed to from a tanning bed.
While he appreciates the desire to allow flexibility among states, he said it doesn’t always make sense for health policy.
“Skin damage is the same in every state, and I think we’re giving kids in states without these laws the ability to expose themselves to UV damage that will stay with them for the rest of their lives,” Bergstrom said. “There are indications that skin cancer in younger people is starting to slow, and I’m hopeful because of awareness and prevention, but trends will change.”
Alabama requires a prescription from a doctor for anyone under 15 to legally use a tanning bed, and 16- and 17-year-olds require parental consent. Several states — including Kentucky, Idaho, Indiana and Michigan — require minors to have written consent from a parent or guardian, and many states prohibit those under 14 from using UV tanning devices.
In 2013, New Jersey banned anyone under 17 from using commercial tanning beds after a mother brought her 5-year-old daughter to a tanning salon.
Taylor is especially worried about teenagers.
“We know that exposure to ultraviolet radiation from the sun or sun lamps increases the risk of cancer,” he said. “Not everyone is going to read what’s on the outside of a tanning bed, so for the protection of our citizens, we need federal regulations.”
