(a) No person, in any advertisement, shall refer to the fact that the person or the person's facility is licensed with the department pursuant to the provisions of §229.345 of this title (relating to Licensing of Tanning Facilities), and no person shall state or imply that any activity under such license has been approved by the department.     
      (b) A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk or that using the device will result in medical or health benefits. The only claims that may be made for tanning are cosmetic.     
      (c) A business described in §229.345(n) of this title shall not use the word "tan" or "tanning" in a sign or any other form of advertising.     
     Source Note:        The provisions of this §229.349 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective June 26, 1996, 21 TexReg 5438; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702