A.G. Investigation Finds That National Fitness Chain Was Lax In Training Personnel About Indoor Tanning Health Risks And Dangers
(Long Island, NY) Attorney General Eric T. Schneiderman today announced that his office has reached an agreement with Planet Fitness Holdings LLC, and its subsidiaries, Pla-Fit Franchise, LLC, franchisor of Planet Fitness brand fitness facilities and Planet Fitness National Advertising Fund, LLC, (collectively “Planet Fitness”) requiring that they not offer “unlimited” tanning as part of premier Black Card level memberships and that they provide adequate training to employees who oversee indoor tanning services at Planet Fitness gym locations. Planet Fitness also agreed not to make health-related claims to promote red lamp devices and to comply with all New York State tanning regulations. Planet Fitness paid $50,000 in costs and penalties.
“Under today’s agreement with Planet Fitness, 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,” said Attorney General Schneiderman. “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.”
Indoor tanning increases the risk of melanoma, the deadliest form of skin cancer – which is responsible for 9,000 deaths in the United States each year. Indoor tanning also increases the risk of other skin cancers such as basal cell carcinoma and squamous cell carcinoma. While usually not fatal, these cancers can cause noticeable disfigurement. In addition to increasing the risk of skin cancer, UV exposure can also harm the immune system and cause premature skin aging. New York State tanning law currently prohibits tanning for children under 17 and requires parental consent for children between the ages of 17 and 18. Additionally, New York law requires that current tanning hazards information sheets and acknowledgement forms be distributed to tanning patrons and that free protective eyewear be made available to tanning patrons.
Investigators visited a number of Planet Fitness franchise locations that offer tanning services and found numerous violations of New York State tanning laws, including failure to provide required warnings and acknowledgment forms to consumers and failure to provide protective eyewear at no additional cost, a public health hazard. There are approximately 98 Planet Fitness locations currently operating in New York State, with some under corporate ownership and the majority owned by independent franchisees.
Some Planet Fitness locations offered LED or red light Beauty Angel treatments that were advertised as providing various health related benefits. However, these red lamp devices are approved by FDA only for cosmetic purposes. Planet Fitness and its franchised locations ceased promoting red lights for medical or health benefits upon notice by the Attorney General of its potentially false and misleading advertising of these services.
