AG charges Darque Tan for unlawful acts

AUSTIN (KXAN) - Texas Attorney General Greg Abbott charged Houston-based Darque Tan tanning salon operators Monday for conducting an unlawful marketing campaign. The tanning salons are cited for making false health claims correlating tanning with cancer prevention.

Officials said Darque Tan's advertising materials unlawfully claim their indoor tanning beds can increase levels of Vitamin D in the body, therefore reducing the risk of cancer. The company's  Vitamin D cancer-risk reduction claims prompted the Texas Department of State Health Services to open an investigation and refer the case to the Office of the Attorney General. Defendants in the case are listed as Darque Tan, LLC, Segler Enterprises, Ltd. and company president Robbie Segler.

Under state and federal law, the defendants' tanning beds are only approved for cosmetic tanning, yet advertising materials published by the defendants and online videos suggest their tanning beds deliver high levels of Vitamin D to the body, which they claimed causes a reduction in a customer's chances of contracting cancer, including breast cancer. The state's enforcement action charges the defendants with violating the Food, Drug and Cosmetic Act, as well as various Texas Health and Safety Code law.

The U.S. Food and Drug Administration has not approved tanning beds as Vitamin D delivery devices nor has it approved them as devices that reduce cancer risks. Any advertisements for these unapproved uses are false and violate state law, and under the Texas Health and Safety Code, tanning salons are prohibited from claiming indoor tanning devices provide any health or medical benefits. Charges also cite the Texas Deceptive Trade Practices Act, which prohibits deceptive advertising.

Abbott is seeking injunctions to halt the misleading practices and return money paid in good faith by consumers who may have been misled. The office is also seeking civil penalties of up to $20,000 per violation of the DTPA, in addition to $25,000 per day for each violation of the Health and Safety Code.

Darque Tan has five locations in the Austin area. They are at the following locations:

• 1701 W. Parmer Lane
• 8105 Burnet Road
• 2007 Guadalupe St.
• 1509 S. Lamar Blvd.
• 4220 W. William Cannon Drive