Texas sues Houston tanning salon that says it fights cancer Abbott sues Darque Tan over ads

Tanning salons are banned from saying they have health benefits

Texas Attorney General Greg Abbott sued Houston-based Darque Tan on Monday, charging the company falsely claims to reduce cancer risks by increasing vitamin D levels in the body.

The lawsuit claims the company's tanning beds are approved only for cosmetic tanning, but advertising and an online video on the company's Web site suggest the devices deliver high levels of vitamin D.

The state argues the claims are in violation of the Food, Drug and Cosmetic Act, Deceptive Trade Practices Act and various health codes.

The Texas Health and Safety Code prohibits tanning salons from claiming indoor tanning devices provide health or medical benefits.

"They are only approved as cosmetic tanning devices," said Tom Kelley, a spokesman for the Attorney General's Office. "The company cannot claim health benefits beyond that. They are not approved to make health claims, period. It's as simple as that."

Abbott's office is seeking civil penalties up to $20,000 per violation of the Deceptive Trade Practices Act and $25,000 per day for each violation of the Health and Safety Code.

'Natural biological process'

Robbie Segler , Darque Tan's owner, could not be reached for comment Monday.

The lawsuit also names Monica and Jason Jones, who operate eight Darque Tan stores in San Antonio, as defendants. They could not be reached for comment.

According to the company's Web site, Darque Tan has 87 locations in eight states, including more than 30 in the Houston metropolitan area.

Segler has said that his ads did not violate state law.

"A tanning bed producing vitamin D is analogous to saying a tanning bed produces darker skin," Segler told the Houston Chronicle in May.

"Both are the consequence of a natural biological process. I'm not telling you that darker skin is good for you or bad for you. I'm not telling you that vitamin D is good for you or bad for you," Segler said.

The Food and Drug Administration discourages the use of tanning beds and lamps and has not approved tanning beds as devices capable of delivering vitamin D.

Only a small amount of sunlight is needed for the body to manufacture vitamin D, and does not require a suntan, according to the American Academy of Dermatology.

rosanna.ruiz@chron.com