May 20, 2010
With the increased skin cancer concerns associated with tanning, you wouldn't think a tanning salon would go so far as to actually claim tanning is good for you. But Texas Attorney General Greg Abbott says that's exactly what a San Antonio salon operator did.
Abbott has gone to court, charging Curtis Ryan, Lynda Ryan and their son Tony Ryan, operators of Euro Tan, routinely solicit customers using colorful brochures and a Web site - both of which include statements about the health benefits associated with using a tanning salon.
For example, Abbott says the defendants improperly claimed that tanning reduces the incidence of melanoma because of the delivery of high doses of Vitamin D to the skin. The claims misstated the tanning beds' approved uses. Under state and federal law, the defendants' tanning beds are only approved by the U.S. Food and Drug Administration (FDA) for cosmetic tanning of the human body.
In addition, Euro Tan claimed "research" showed that increased dosages of Vitamin D can benefit those with autism, autoimmune illnesses, other cancers and chronic pain. Other medical-related claims in the defendants' brochure indicated their tanning beds would lower blood pressure, decrease pre-menstrual syndrome symptoms, increase muscle strength and improve the immune system.
Abbott says the tanning salon also promoted an unapproved medical device. The defendants claimed that their "mineral wrap" could eliminate cellulite and detoxify fat cells, which constitutes a medical claim. A company Web page posting asked rhetorically, "Is Sunscreen Causing Cancer?" and, while urging the responsible use of sunscreens, the Web site implied that tanning salon customers can dispense with sunscreens altogether.
The state's enforcement action charges the defendants with violating the Food, Drug and Cosmetic Act, as well as various Texas Health and Safety Code laws. The FDA has not approved tanning beds as Vitamin D delivery devices or devices that reduce cancer or other health risks. Any advertisements for these unapproved uses are false and violate state law, Abbott said.
Under the Texas Health and Safety Code, tanning salons are prohibited from claiming that indoor tanning devices provide any health or medical benefits. The state's enforcement action also cites the Texas Deceptive Trade Practices Act (DTPA), which prohibits deceptive advertising.
The attorney general seeks an injunction to halt the misleading practices. The office seeks civil penalties of up to $20,000 per violation of the DTPA, as well as $25,000 per day for each violation of the Health and Safety Cod
