The state of Texas Attorney General’s office announced Monday that it has reached a settlement in a long-standing dispute with Houston-based Darque Tan.

That ruling is generating press reports. We want you to be aware of what the ruling means and how it affects your business.

Dear Smart Tan Family –

The state of Texas Attorney General’s office announced Monday that it has reached a settlement in a long-standing dispute with Houston-based Darque Tan, requiring that the franchise no longer advertise health-related benefits from UV tanning. This includes a requirement that the franchise no longer promotes that indoor tanning produces vitamin D. Texas regulations already prohibit salons from making health claims about UV tanning.

That ruling is generating press reports. We want you to be aware of what the ruling means.

Texas alleged that Darque Tan promotional materials went beyond that simple statement, making direct claims and inferences that vitamin D produced in a sunbed would lead to specific health effects.

Many tanning salons worldwide promote that UVB exposure stimulates vitamin D production, just as it stimulates melanin production. Some believe that salons actually should be required to disclose that sunbed usage may elevate vitamin D levels in case a tanner is also taking vitamin D supplements.

Governments worldwide — including Canada and the United Kingdom — have officially recognized that peer-reviewed research has established that UVB exposure from the sun or from a sunbed stimulates vitamin D production in the skin.

In a 2005 settlement with the Canadian Competition Bureau, Calgary-based Fabutan Suntan Studios secured the right for Canadian salons to promote that UVB from a sun or a sunbed makes vitamin D, recognizing that claims about what vitamin D does need to be substantiated by random controlled trials.

Smart Tan advises that members are required to promote a balanced message in promotional statements, acknowledging that UV overexposure has risks. Where governmental regulations allow, Smart Tan suggests that members who wish to discuss vitamin D simply recognize that UVB exposure from the sun or a sunbed has been shown to stimulate vitamin D production in the skin, but not discuss alleged health effects related to vitamin D.

The Texas ruling does not mean that sunbeds do not stimulate vitamin D production in the skin, but rather that Texas does not want salons to promote that. Several peer-reviewed studies have established that sunbed usage is an efficient source of vitamin D production.

Tanning Is Associated With Optimal Vitamin D Status

Sunbeds as Vitamin D Sources

To read the Texas Attorney General’s press statement click here.

SmartTan.com news articles regularly report medical and scientific information to keep you abreast of current events related to UV light. This information is not intended to be used by any party to make unwarranted health claims to promote sunbed usage. Indoor tanning businesses are obligated to communicate a fair and balanced message to all clients about your products and services including the potential risks associated with indoor tanning. Contact your Smart Tan representative to find out more about what you can and can’t say in your tanning salon business.

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