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Attorney Generals Office files suit against Darque Tan for false ad claims
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| The Texas Attorney General's Office recently filed a lawsuit against Darque Tan for false claims of health benefits derived from tanning. |
By VAL CLIFTON
The Texas Attorney Generals Office has filed suit against a Houston-based tanning salon chain, citing false health claims made in their advertising campaign.
According to the lawsuit, Darque Tan’s advertising materials unlawfully claim that their indoor tanning beds can increase levels of Vitamin D in the body, thereby reducing the risk of cancer.
Attorney Generals Office Spokesperson Tom Kelley said the case was referred to them by the Department of State Health Services which received a complaint about the state-wide marketing initiative.
Kelley said the tanning beds are strictly approved for cosmetic tanning and to make claims beyond that would go beyond state and federal law.
“The attorney general is not cracking down tanning salons, per se, we’re cracking down on misleading false advertising that could pose a risk to certain people,” Kelley said. “So we’re saying ‘fine, you can operate as a tanning facility to facilitate cosmetic tanning, but you can’t leap to making claims about medical or health benefits using a tanning bed.’”
Advertising materials published by the defendants and online videos suggest that their tanning beds “deliver” high levels of Vitamin D to the body, which the defendants claim reduces customers’ chances of contracting cancer, including breast cancer.
The suit names Darque Tan, L.L.C., Segler Enterprises, Ltd., and company president Robbie Segler as defendants. Also named are Monica and Jason Jones, who operate two Darque Tan facilities in San Antonio.
The Attorney General seeks injunctions to halt the misleading practices and return money paid by consumers who may have been misled and 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 Code.
The state’s enforcement action charges the defendants with violating the Food, Drug and Cosmetic Act, as well as various state health and safety codes, and the Texas Deceptive Trade Practices Act, which prohibits deceptive advertising.
The U.S. Food and Drug Administration has not approved tanning beds as Vitamin D delivery devices or devices that reduce cancer risks.
Under state code, tanning salons are prohibited from claiming that indoor tanning devices provide any health or medical benefits.
According to the lawsuit, Darque Tan’s advertising materials unlawfully claim that their indoor tanning beds can increase levels of Vitamin D in the body, thereby reducing the risk of cancer.
Attorney Generals Office Spokesperson Tom Kelley said the case was referred to them by the Department of State Health Services which received a complaint about the state-wide marketing initiative.
Kelley said the tanning beds are strictly approved for cosmetic tanning and to make claims beyond that would go beyond state and federal law.
“The attorney general is not cracking down tanning salons, per se, we’re cracking down on misleading false advertising that could pose a risk to certain people,” Kelley said. “So we’re saying ‘fine, you can operate as a tanning facility to facilitate cosmetic tanning, but you can’t leap to making claims about medical or health benefits using a tanning bed.’”
Advertising materials published by the defendants and online videos suggest that their tanning beds “deliver” high levels of Vitamin D to the body, which the defendants claim reduces customers’ chances of contracting cancer, including breast cancer.
The suit names Darque Tan, L.L.C., Segler Enterprises, Ltd., and company president Robbie Segler as defendants. Also named are Monica and Jason Jones, who operate two Darque Tan facilities in San Antonio.
The Attorney General seeks injunctions to halt the misleading practices and return money paid by consumers who may have been misled and 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 Code.
The state’s enforcement action charges the defendants with violating the Food, Drug and Cosmetic Act, as well as various state health and safety codes, and the Texas Deceptive Trade Practices Act, which prohibits deceptive advertising.
The U.S. Food and Drug Administration has not approved tanning beds as Vitamin D delivery devices or devices that reduce cancer risks.
Under state code, tanning salons are prohibited from claiming that indoor tanning devices provide any health or medical benefits.
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