NYC Tanning Salon Chain Cannot Make False Health Claims, Attorney General Announces

MURRAY HILL, NY — Attorney General Eric Schneiderman announced Thursday that he had reached a settlement with Portofino Spas, LLC., an indoor tanning salon company with Manhattan locations in Murray Hill (560 3rd Ave.), Midtown, SoHo and the Upper West Side.

Portofino has agreed to pay $300 per day for any future misrepresentations about the health benefits and risks of tanning, as well as for any future violations of New York tanning laws, according to Schneiderman's statement.

"This agreement is a continuation of my office’s efforts to protect consumers from the known risks associated with indoor tanning," Schneiderman said. "Businesses cannot and should not profit by misleading consumers as to purported health benefits of this harmful activity.”

Portofino used its website and social media to deny the link between tanning and the risk of skin cancer and to misrepresent the health benefits of vitamin D, Schneiderman wrote in his statement. The tanning salon made claims such as “There actually is no clear direct experimental evidence showing a causative mechanism between tanning and melanoma,” and wrote that “Getting enough vitamin D is linked to reductions in heart disease, diabetes, multiple sclerosis & many cancers -- are you getting enough?” according to the press release.

"These claims," the Attorney General wrote, "which were not supported, led consumers to believe that indoor tanning is not only risk-free and does not lead to increased risk of skin cancer, but also contributes to improved health. Indoor tanning is neither a safe nor a desirable way to obtain vitamin D or any other health benefits. Vitamin D can safely be obtained through diet and supplements, so obtaining vitamin D through indoor tanning poses unnecessary risks."

But Roel Kunst, owner of the five-location Manhattan chain, disputed the Attorney General's claims that the salon did anything wrong. Kunst told Patch that the AG was making it seem like a "win" for them, when in reality, Portofino admitted no wrongdoing and did not break any laws.

"First of all," he wrote in an email, "we settled with the AG to stop the legal expenses. We did not admit any wrongdoing — only to comply with the law which we have always done. We were not fined because we have done nothing wrong. What is important is that even though we cannot make health claims, we are allowed to answer inquiries about vitamin D by explaining which machines emit uvB that stimulate vitamin D production with the amount depending on skin type and exposure."

During the investigation, a representative from the Attorney General's office visited a Portofino salon undercover and was told tanning beds are safer than exposure to natural sunlight because "at least inside, it was controlled."

This is false, according to the Attorney General.

"Tanning devices like the ones used by Portofino," the statement reads, "expose consumers to UV radiation that is far stronger than natural sunlight — producing UV rays up to 15 times more intense than the sun, frequently resulting in burning."

Additionally, Attorney General investigators found that Portofino violated New York States tanning laws by failing to provide current tanning hazards and consent forms, as well as failing to post the New York State-required warning signs near all tanning devices.

The Attorney General’s office has released a brochure on indoor tanning safety and the office continues to investigate health claims made by tanning salons.

Image via Creative Commons