Posted December 14, 2015 4:18 pm by

Planet Fitness, NY Attorney General Reach $50K Agreement

Planet Fitness, NY Attorney General Reach $50K Agreement.

New York Attorney General Eric Schneiderman’s office reached an agreement with Planet Fitness Holdings LLC that halts the fitness chain from promoting the frequent use of its tanning devices to consumers. The investigation is part of an aggressive string of lawsuits Schneiderman has brought forth against indoor tanning salons downplaying the risks of skin cancer.

“The company will no longer offer unlimited tanning as part of its health club benefits and will not make any claims regarding the health or safety of indoor tanning,” Schneiderman said in a press release late last month. “This agreement is part of a continuing effort to protect consumers from the documented skin cancer risks of indoor tanning. I am especially concerned with rising cancer rates associated with indoor tanning, particularly for young people, and businesses that offer indoor tanning should market their services truthfully.”

Planet Fitness allegedly advertised health benefits for its LED or red light ‘Beauty Angel’ treatments, which the attorney general called deceptive since the Food & Drug Administration approved the device for cosmetic purposes only. Planet Fitness agreed to terms that prohibit it from making health or medical claims about the red lamp devices.

Planet Fitness’ general counsel Richard Moore could not be reached for comment.

Additionally, the fitness clubs are banned from offering “free” or “unlimited” tanning packages. These promotions may imply that frequent indoor tanning is safe and may encourage more frequent indoor tanning, according to Schneiderman’s office.

Planet Fitness agreed to pay $50,000 in costs and penalties.

The NY attorney general’s office has been investigating tanning salons since 2013, and reached settlements with two salons in 2014, Hollywood Tans NYC and its franchisor HT Franchising Management.

This April, Schneiderman announced two lawsuits against Portofino Spas LLC and Total Tan Inc. for denying or minimizing the skin cancer risks of indoor tanning, as well as purporting that tanning salons are a safe way to increase Vitamin D levels. At the time, the attorney general announced he sent a letter of intent to Planet Fitness.

Schneiderman noted that while Planet Fitness did not go out of its way to make health claims similar to other salons brought to the public’s attention, the fitness chain allegedly did not train its employees on the safety hazards or risks of indoor tanning.

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