New York Attorney General Eric T. Schneiderman has filed a lawsuit against two tanning salon franchises - Portafino Spas, LLC and Total Tan, Inc., saying there is "nothing safe about indoor tanning." He has also served notice that intends to sue Beach Bum Tanning Salons and Planet Fitness as well. Together, the four franchises operate 155 tanning salons around the state.
The suits accuse the salons of false advertising by:
-Denying or minimizing scientific evidence linking tanning to an increase cancer risk
-Promoting indoor tanning as a safe way to reap the benefits of vitamin D and other health benefits
-Asserting the safety of indoor tanning compared to outdoor tanning
"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," Schneiderman says. "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."
According to Schneiderman, over the past decade scientific evidence has clearly documented the dangers of indoor tanning and by 2009 the World Health Organization added indoor tanning to its list of most dangerous forms of cancer causing radiation. WHO even placed it in the highest cancer risk category, "carcinogenic to humans," the same category as tobacco.
In July 2014, the United States Surgeon General issued a "Call to Action to Prevent Skin Cancer," a report that documented the rise in skin cancers and outlined steps to prevent these cancers, which includes the reduction in intentional and unnecessary exposure to ultraviolet light for the purpose of tanning.
Indoor tanning increases the risk of melanoma, the deadliest form of skin cancer that is responsible for 9,000 deaths in the US each year. Indoor tanning also increases the risk of nonmalignant skin cancers such as basal cell carcinoma and squamous cell carcinoma. While not deadly, these cancers can cause disfigurement. In addition to the risk of cancer, UV exposure can also harm the immune system and cause premature aging of the skin.
The lawsuit alleges that Portofino did not post the required state warning sign near every tanning device as required by law and that Total Tan required patrons to pay for protective eyewear when the eyewear is required to be provided without cost to consumers.
In the face of scientific evidence linking indoor tanning to skin cancer, businesses have tried to counter this evidence by advertising the opposite message that indoor tanning actually improves health.
