The Food and Drug Administration (FDA) classifies tanning beds as "moderate risk" devices (changed in 2014 from "low risk"). It requires that devices carry a black box warning that they should not be used by individuals under the age of 18, but it has not banned their use by minors. , California, Delaware, the District of Columbia, Hawaii, Illinois, Kansas, Louisiana, Massachusetts, Minnesota, Nevada, New Hampshire, North Carolina, Oregon, Texas, Vermont and Washington have banned the use of tanning beds for minors under the age of 18. Other states strictly regulate indoor tanning under the age of 18, with most banning indoor tanning for persons under the age of 14 unless medically required, and some requiring the consent of a guardian for those aged 14–17. In 2010 under the Affordable Care Act, a 10% "tanning tax" was introduced, which is added to the fees charged by tanning facilities; it was expected to raise $2.7 billion for health care over ten years.
Tanning beds are regulated in the United States by the federal governments Code of Federal Regulations (21 CFR 1040.20). This is designed to ensure that the devices adhere to a set of safety rules, with the primary focus on sunbed and lamp manufacturers regarding maximum exposure times and product equivalence. Additionally, must have a "Recommended Exposure Schedule" posted on both the front of the tanning bed and in the owners manual, and list the original lamp that was certified for that particular tanning bed. Salon owners are required to replace the lamps with either exactly the same lamp, or a lamp that is certified by the lamp manufacturer to be.
States control regulations for salons, regarding operator training, sanitization of sunbeds and eyewear, and additional warning signs. Many states also ban or regulate the use of tanning beds by minors under the age of 18.
American osteopathic physician Joseph Mercola was prosecuted in 2016 by the Federal Trade Commission (FTC) for selling tanning beds to "reverse your wrinkles" and "slash your risk of cancer". The settlement meant that consumers who had purchased the devices were eligible for refunds totalling $5.3 million. Mercola had falsely claimed that the FDA "endorsed indoor tanning devices as safe", and had failed to disclose that he had paid the Vitamin D Council for its endorsement of his devices. The FTC said that it was deceptive for the defendants to fail to disclose that tanning is not necessary to produce vitamin D.