Background
This ruling forms part of a wider piece of work on misleadingness and irresponsibility in ads for tanning products. The ads were identified for investigation following intelligence gathered by our Active Ad Monitoring system, which uses AI to proactively search for online ads that might break the rules. See also related rulings published on 21 January 2026.
Summary of Council decision:
Four issues were investigated, all of which were Upheld.
Ad description
Two paid-for Meta ads for Tan & Deliver Home Hire Sunbeds, a sunbed hire company, seen in May 2025:
a. The first ad featured a video of a man at home before stepping into a sunbed to tan in the device. The voice-over and on-screen text stated, “Tired of feeling washed out or hiding behind layers? Whether it’s boosting confidence, easing skin conditions like psoriasis or getting that much needed dose of vitamin D, Tan & Deliver bring salon grade sunbeds straight to your door. No more time wasting salon trips just safe, regulated tanning in the comfort and privacy of your own home. It’s time to tan on your terms”.
b. The second ad featured a caption that included the text, “Tan & Deliver has arrived at #teesvalley”. The ad also featured an image of a sunbed and text that stated, “[…] Vitamin D Boost: Our sunbeds help increase vitamin D levels. Skin Conditions: Eases the symptoms of Eczema and Psoriasis with regular use […]”.
Issue
The ASA challenged whether:
- ads (a) and (b) discouraged essential treatment for conditions for which medical supervision should be sought, namely psoriasis;
- the claim that the use of sunbeds provided the body with vitamin D in ads (a) and (b) and the claim, “Eases the symptoms of Eczema” in ad (b) were misleading about the health benefits of sunbeds;
- the ads were irresponsible because they linked claims for health benefits with the use of sunbeds; and
- the claim that the use of sunbeds was “safe” in ad (a) was misleading and irresponsible.
Response
1. JD Tanning UK Ltd t/a Tan & Deliver Home Hire Sunbeds said they operated using guidance from professional associations. They said they did not believe the ad discouraged any essential treatments or offered advice which was not already published by health organisations such as the NHS and NIH (National Institutes of Health).
They acknowledged that the NHS did not state the use of sunbeds would be beneficial for skin problems, but that was because many tanning salons still used unregulated products. They said that the NHS did promote exposure to ultraviolet A (UVA) and ultraviolet B (UVB) and that there was extensive advice by the NHS that UVA exposure was beneficial for a large number of ailments. They said their products conformed to all UK and EU regulations and that their ads stated, “Ease the symptoms of Psoriasis and Eczema”, not that sunbed use was a cure. They further provided quotes from the NHS website on the treatment of psoriasis regarding the use of UVB phototherapy and psoralen plus ultraviolet A (PUVA) as an effective treatment for some types of psoriasis within a hospital environment. They also provided further links to articles they believed supported the claims in their advertising, which included an expert review and journal article with studies supporting the use of sunbeds for psoriasis.
2. Tan & Deliver Home Hire Sunbeds said it was well documented that vitamin D was produced within the body from exposure to UVA. They provided a link to summaries of articles written about sunbeds and vitamin D. They also provided a link to an article written about higher ultraviolet light exposure and lower mortality and an article from 2011 about vitamin D, sun and sunbeds that included published data from between 1982 and 2011.
They said that the NHS stated that sunbeds did not help boost vitamin D, but the science and studies provided showed otherwise.
3. Tan & Deliver Home Hire Sunbeds said they aimed to give all their customers the best experience and relevant safety information whilst using their products. The claims were not strong ones, and their claims were backed by scientific studies.
4. Tan & Deliver Home Hire Sunbeds said there had been a misunderstanding with the social media company they used to promote their business, and the word “safe” should not have been used. Having discussed the matter with their social media company, the ad had been removed. They further said they would remove the use of “Safe Tanning” in all their future promotions and marketing.
Assessment
1. Upheld
The CAP Code stated that marketers must not discourage essential treatment for conditions for which medical supervision should be sought. For example, they must not offer specific advice on, diagnosis of or treatment for such conditions unless that advice, diagnosis or treatment was conducted under the supervision of a suitably qualified health professional.
Ads (a) and (b) referred to psoriasis, which was a condition for which medical supervision should be sought, and therefore advice, diagnosis or treatment must be conducted under the supervision of a suitably qualified medical professional. We acknowledged the information Tan & Deliver Home Hire Sunbeds provided from the NHS website regarding the use of UVB phototherapy and PUVA as an effective treatment for psoriasis. However, we understood that those treatments were conducted at a hospital under the supervision of a qualified health professional.
We had not seen evidence to show that Tan & Deliver Home Hire Sunbeds tanning services and sunbeds were provided under the supervision of a suitably qualified health professional. We considered that in the absence of such a professional, the ads therefore discouraged essential medical treatment for a condition for which medical supervision should be sought and therefore breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rule 12.2 (Medicines, medical devices, health-related products and beauty products).
2. Upheld
Ads (a) and (b) featured the claims, “getting that much needed dose of vitamin D”, and “[…] Vitamin D Boost: Our sunbeds help increase vitamin D levels”.
We considered those claims implied that using sunbeds could increase vitamin D levels and therefore provide a health benefit. Ad (b) also claimed that regular sunbed use could ease the condition eczema. Tan & Deliver Home Hire Sunbeds did not submit complete research studies but provided a link to the National Library of Medicine database that contained summaries of 37 articles written about sunbeds and vitamin D. Included in those were articles on a randomised, crossover trial, two randomised controlled trials and a randomised open observational controlled trial. A randomised, crossover trial from 2013 studied volunteers who were exposed to both sunbed exposure and vitamin D supplementation, whereas the ad related only to sunbed use. A randomised controlled trial from 2013 said that when UVB exposure was short and intense, UVA had no significant effect on vitamin D levels. The study authors and other researchers suggested that more research was needed to fully understand the complex interaction between UVA, UVB and vitamin D synthesis in the skin. The second randomised controlled trial, from 2008, said that sunbed use as a vitamin D source was not generally recommended due to the well-known carcinogenicity and high frequency of acute side effects. The randomised open observational controlled trial, from 2017, found that regular sunbed use did not lead to a sustained or significant long-term increase in vitamin D levels.
The link also included an article from 2019 that stated, “Artificial tanning devices should never be considered as an option to achieve an appropriate vitamin D status. Their supposedly beneficial effects, vastly publicised by the artificial tanning industry, are not worth the carcinogenic risk associated with sunbed use”. Tan & Deliver also provided an article from 2011 from Public Health Nutrition called Vitamin D, sun, sunbeds and health which included published data from between 1981 and 2011 and said that “A number of health benefits from sufficient levels of vitamin D have been identified. However, UV exposure has been suspected of causing skin cancer, notably cutaneous malignant melanoma (CMM), and authorities warn against it”.
We therefore considered the evidence provided by Tan & Deliver Home Hire Sunbeds did not adequately substantiate the health benefit claims in the ads. In addition, we understood the NHS’s established position regarding the use of sunbeds was characterised by a high degree of caution. The NHS website stated that there was no safe or healthy way to get a tan through exposure to UV rays and that using sunbeds could increase the risk of skin cancer. It further stated that exposure to UV rays was the number one cause of skin cancer in the UK, and that included melanoma, which was the most dangerous type of skin cancer. The website also listed the health risks associated with sunbeds, which included skin cancer, premature skin ageing and sunburn. The NHS further advised not to use sunbeds as a way of boosting vitamin D and that the safest way to get vitamin D was through a healthy diet or supplement. The NHS website finally linked to the Cancer Research UK website which said that any vitamin D that was obtained through a sunbed was outweighed by their harms.
For the reasons given, we concluded that the claims in the ads that sunbeds provided health benefits were misleading.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 12.1 (Medicines, Medical devices, health-related products and beauty products).
3. Upheld
As explained above, we considered that consumers would likely understand from the ads that there were health benefits, such as vitamin D intake and assistance with eczema, to be gained from using sunbeds. However, given the potentially serious consequences for people who used sunbeds, we concluded that the claims in the ads that sunbeds provided health benefits were irresponsible.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rule 1.3 (Responsible advertising).
4. Upheld
We welcomed Tan & Deliver Home Hire Sunbeds assurances that ad (a) had been removed, and they would no longer use the term “Safe Tanning” in their future marketing. However, as explained above, given the potentially serious health consequences for people who used sunbeds we concluded that, as well as being misleading, the claim that the use of sunbeds was “safe” in ad (a) was irresponsible.
On that point, ad (a) breached CAP Code (Edition 12) rules 1.3 (Responsible advertising) and 3.1 (Misleading advertising).
Action
The ads must not appear again in the form investigated. We told JD Tanning UK Ltd t/a Tan & Deliver Home Hire Sunbeds to ensure they did not discourage essential treatment for conditions for which medical supervision should be sought, including psoriasis. We told them to ensure their ads did not misleadingly or irresponsibly claim or imply that health benefits could be obtained from sunbeds, or that the use of sunbeds was safe.
