Australian regulator wins case against tanning industry

[Ezliving_Jim]

Australian regulator wins case against tanning industry

Last Updated: Friday, August 29, 2008 | 10:47 AM ET Comments3Recommend26

CBC News


An Australian court has found that statements about the effects of tanning used by the industry to promote its business are false or misleading, and has forbidden their use, the Australian Competition and Consumer Commission (ACCC) said Friday.

The agency said in a news release that the Federal Court of Australia had concluded that a tanning group and two tanning companies had made false claims and misrepresented the risks associated with tanning salons, a violation of the country's Trade Practices Act.

ACCC chairman Graeme Samuel said the court declared certain statements made by the companies and the Australian Tanning Association Inc. (ATA) were "false or misleading and deceptive," including:

• There is no evidence linking salon use with an increased risk of skin cancer; (there is evidence of increased risk).
• A salon provides the same ultraviolet light as sunlight; (it does not).
• Tanning does not involve damage to the skin; (it does).
• Tanning protects the skin against sunburn; (it does not).
• Tanning protects the skin from ultraviolet light and the risks of ultraviolet light exposure; (it does not).
• The body repairs any damage to the skin caused by ultraviolet light exposure; (it does not).
• The skin is not damaged by ultraviolet light exposure unless it receives a sunburn; (the skin is damaged).
• Forms used by the two companies can accurately assess a person's skin type to predict responses to ultraviolet light; (the forms could not be used in this fashion).

"I suspect some members of the public may have believed one or more of the above statements to be true and decided to purchase solarium services on that basis," Samuel said.

The ACCC took the ATA, Body Bronze International Pty. Ltd., Tropical Sun Industries Pty. Ltd. and Scott Meneilly, the former president of the association and former CEO of Body Bronze, to court in July.

As well as making the finding that certain statements were wrong, the court told the companies to stop using them, to implement a trade practices compliance program and to publicize the outcome of the case.

The defendants were also ordered to pay the ACCC's costs.

Australian regulator wins case against tanning industry

[Ezliving_Jim]

No more sunny days for Australian tanning industry
by William Atkins Saturday, 30 August 2008

An August 2008 ruling by an Australian federal court judge now makes it a requirement for the tanning industry to post warnings of the health problems, including skin cancer, associated with artifical tanning in tanning salons.

On Friday, August 29, 2008, Justice Ray Finkelstein, of Melbourne, ordered Australia’s tanning industry, including tanning franchises and the Australian Tanning Association, to abide by a new government ruling that requires public notices in all tanning salons and on tanning-related Internet sites about the damage that artificial tanning inflicts on skin in the form of skin cancer.

Information on Judge Finkelstein is found at “Judge will call his own shots.”

Fox News reports, “In what some in Australia have hailed as a major victory for consumers, the country's tanning industry has for the first time admitted that tanning salons can damage the skin and cause cancer.” [Fox News: “Australian tanning salons required to post cancer warning”]

Fox adds, “The move is also considered a win for supporters of Australian Clare Oliver, who died in September last year at the age of 26 after losing her long battle against cancer she said was caused by her visits to tanning salons. Oliver spent the last months of her life campaigning against salons and warning the public against using them.”

The ruling by Finkelstein, which came on August 21, 2008, in the Federal Court of Australia, came in response to a lawsuit by the Australian Competition and Consumer Commission (ACCC) against the Australian Tanning Association and the tanning organizations Body Bronze (Body Bronze International Pty Ltd) and Tropical Sun (Tropical Sun Industries Pty Ltd).

The lawsuit alleged their claims (as posted publically and on their Internet sites) was false and misleading to the public when these tanning organizations stated that tanning was “safe” and a “natural protection mechanism.”

In particular, documents presented to the judge shows that Body Bronze told the public that suntans protect against ultraviolet (UV) light and Tropical Sun told the public that tanning does not damage the skin and protects against sunburn. [ABC Radio Australia: “Australian solarium companies, association guilty of misinformation”]

Finkelstein’s ruling is backed by the government’s Trade Practices Act of 1974, which does not allow corporations to engage in conduct that is misleading or deceptive, or likely to mislead and deceive. It gives individuals and the government the right to take actions against such conduct, with prosecution carried out by the state.

Judge Finkelstein also warned officials with Body Bronze and Tropical Sun that if they did not abide by his rulings they would face contempt of court proceedings, which could include incarceration.

According to ABC Radio Australia, “The parties admitted the information was untrue, misleading and deceptive.”

In addition, according to Fox News, the tanning industry in Australia must now post the following warnings:

“There is medical or scientific evidence which links solarium use with an increased risk of skin cancer.”

“Tanning does not materially protect the skin from sunburn.”

“Skin damage caused by ultraviolent light may not be repaired by the body's skin repair mechanisms.”

“Damage to the body caused by ultraviolent light exposure occurs without sunburn.”

Please read the article “Sun Safe Over Sun Tan - Australian Medical Association” on the MedicalNewsToday.com website.

Part of the article states, “According to the Cancer Council, Australia has the highest rate of skin cancer in the world and melanoma is the most common cancer in people aged 15-39.”

And, "There is no safe level of tanning. Everyone, no matter what their age or skin type, needs to take care when going out in the sun," Dr Capolingua said.”

iTWire - No more sunny days for Australian tanning industry

[Ezliving_Jim]

Tanning industry admits solariums can damage skin and cause cancer


THE tanning industry has for the first time admitted that solariums can damage the skin and cause cancer.
Customers who visit solariums around Victoria will be greeted with warning notices that tell customers the dangers they face when tanning.

The cave in is a major victory for supporters of Clare Oliver who died in September last year, aged 26, after losing her long battle against cancer she said was caused by her visits to solariums.

Ms Oliver spent the last months of her life campaigning against solariums and warning the public against using them.

In the Federal Court today Justice Ray Finkelstein granted injunctions to the corporate watchdog restraining a number of salons from making false and misleading claims about the dangers of solariums.

He also made orders that tanning franchises and the Australian Tanning Association publish notices in salons and on internet sites warning the public that tanning damages skin.

In the wake of Ms Oliver's death, and the storm of bad publicity that followed, the solarium industry made public statements and posted claims on internet sites saying tanning was safe and it was a natural protection mechanism.

The Australian Competition and Consumer Commission took the association and tanning companies Body Bronze and Tropical Sun Industries to the Federal Court alleging the claims were false and misleading.

Justice Finkelstein was told today that after the case went to mediation the companies and the association agreed to abide by the ACCC injunctions, withdraw the false claims and post the warning notices.

In making the orders Justice Finkelstein warned representatives of Body Bronze and Tropical Sun they could face jail for contempt of court if they did not abide by the injunctions.

The notices in solariums will include the warnings.

* There is medical or scientific evidence which links solarium use with an increased risk of skin cancer.

* Tanning does not materially protect the skin from sunburn.

* Skin damage caused by ultraviolent light may not be repaired by the body's skin repair mechanisms.

* Damage to the body caused by ultraviolent light exposure occurs without sunburn.

Tanning industry admits solariums can damage skin and cause cancer | Herald Sun

[Wicked1]

well then this is interesting.. I wonder if this has anything to do with the no shows from tanning companies at the trade show the other day.. They have been there every year and this is the first that there was noone... Called one place and they are selling out everything...

[Island Cove]

Part of the article states, “According to the Cancer Council, Australia has the highest rate of skin cancer in the world and melanoma is the most common cancer in people aged 15-39.”

It also has the LOWEST death rate of melanoma. I was on there reading up for a friend that lives there, who is scared to death of tanning.

[Ezliving_Jim]

I want to hear the ITA's legal strategy when a similar lawsuit inevitably lands in a USA federal court in a matter of months.

[Brian Oshman]

Didn't Hollywood Tans pull this same crap and end up in Court not too long ago? What was the outcome of that? I don't see what the big deal is, we have to post those warnings here. They are plastered on every tanning bed sold in the U.S.

[Wicked1]

I have the warnings posted onmy beds they came that way... I have however been to places that have taken them off...

Anyway I got new clients in today so I am happy for the moment..