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June 1, 2016
By: TOM BRANNA
Editor
The marketers of Mercola-brand indoor tanning systems must refund consumers and is permanently banned from marketing or selling indoor tanning systems, under a settlement with the Federal Trade Commission. In the complaint, FTC charged that Dr. Joseph Mercola and his two companies ran ads claiming that their indoor tanning systems are safe, that research proves indoor tanning does not increase the risk of melanoma skin cancer, and that their systems which deliver both ultraviolet (UV) light and red light can “reverse the appearance of aging.” The FTC’s complaint alleged that these claims are false, misleading, or unsubstantiated. According to the complaint, the ads also falsely stated that the US FDA has endorsed the use of indoor tanning systems as safe, and represented that an organization called the Vitamin D Council has recommended the tanning systems—without disclosing that the Council was paid for its endorsement. “These types of false claims are especially troubling because of the serious health risks posed by indoor tanning,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “The fact is, indoor tanning is not safe because it increases the risk of skin cancer, including melanoma.” The defendants sold several different models of indoor tanning systems, intended for home use, including beds, door mount models and standing systems, with varying numbers of UV lamps. The proposed stipulated final order bans the defendants from marketing or selling indoor tanning systems. It also prohibits them, in connection with the sale of devices other than indoor tanning systems, from making false or unsubstantiated health-related or efficacy claims, from misrepresenting the existence or results of scientific tests or studies, and from falsely claiming that the benefits of such devices are scientifically proven. The defendants must also pay refunds to consumers who bought Mercola brand indoor tanning systems between Jan. 1, 2012 and the present.
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