Friday, April 24, 2015

New York sues tanning salons for minimizing skin cancer risks - ConsumerAffairs

Saying there is "nothing safe about indoor tanning," New York Attorney General Eric T. Schneiderman today filed lawsuits against two tanning salon franchises -- Portofino Spas, LLC and Total Tan, Inc., and served notice he also intends to sue Beach Bum Tanning Salons and Planet Fitness.

The suits accuse the salons of false advertising by
  • denying or minimizing scientific evidence linking tanning to an increased cancer risk;
  • promoting indoor tanning as a safe way to reap the benefits of vitamin D and other purported health benefits; and
  • asserting the safety of indoor tanning compared to tanning outdoors.
Altogether the four franchises operate 155 tanning salons around the state.

“Make no mistake about it: There is nothing safe about indoor tanning. The use of ultra-violet devices increases exposure to cancer-causing radiation and puts millions of Americans in serious danger – young adults, in particular,” said Schneiderman. “Irresponsible businesses that seek to rake in profits by misleading the public about the safety of their services will be held accountable by my office. Advertising and marketing cannot be used as a tool to confuse and endanger New York consumers.”

Danger documented

Over the past decade, scientific evidence has clearly documented the dangers of indoor tanning, Schneiderman said. By 2009, the World Health Organization added indoor tanning to its list of most dangerous forms of cancer-causing radiation and placed it in the highest cancer risk category: “carcinogenic to humans,” the same category as tobacco.

In July 2014, the U.S. Surgeon General issued a “Call to Action To Prevent Skin Cancer,” a report documenting the rise in skin cancers and outlining action steps to prevent these cancers going forward, including reduction of intentional, and unnecessary, ultraviolet (UV) light exposure for the purpose of tanning.

Indoor tanning increases the risk of melanoma, the deadliest form of skin cancer – which is responsible for 9,000 deaths in the United States each year. Indoor tanning also increases the risk of nonmalignant skin cancers (basal cell carcinoma and squamous cell carcinoma). While not deadly, these nonmalignant cancers can cause noticeable disfigurement. In addition to increasing the risk of skin cancer, UV exposure can also harm the immune system and cause premature skin aging.

New York law currently prohibits tanning for children under 17 and requires parental consent for children between the ages of 17 and 18.

Additionally, New York law requires that warning signs be posted outside of tanning beds, that tanning hazards information sheets and acknowledgement forms be distributed to tanning patrons, and that free protective eyewear be made available to tanning patrons.

The Attorney General’s lawsuit alleges that Portofino did not post the required state warning sign near every tanning devices as required by the law and that total tan required patrons pay for protective eyewear when the eyewear is required to be provided without cost to consumers.

In the face of the scientific evidence linking indoor tanning and early onset of skin cancer, some indoor tanning salon businesses have sought to counter the scientific evidence by purposefully advertising the opposite message – that indoor tanning actually improves health.


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