Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Planet Fitness agrees to cease ads encouraging indoor tanning, (Nov 24, 2015)
Organizations Mentioned:Pla-Fit Franchise, LLC | Planet Fitness Holdings LLC | Planet Fitness National Advertising Fund, LLC
By Greg Hammond, J.D.
New York Attorney General Eric T. Schneiderman announced today that his office has reached a settlement agreement with Planet Fitness Holdings LLC and its subsidiaries, requiring that they (1) cease offering “unlimited” tanning; (2) provide adequate training to employees who oversee indoor tanning services; and (3) cease making health-related advertising claims to promote red lamp devices.
In addition to finding that various Planet Fitness franchise locations violated New York State tanning laws, the Attorney General’s office purportedly found that the company’s advertising activity could be potentially false and misleading. In particular, some locations allegedly advertised LED or “red light Beauty Angel treatments” as providing various health benefits. However, the Food and Drug Administration approved the red lamp devices for only cosmetic purposes. In addition, the promotions of “Free” and “unlimited” tanning services could have implied that frequent indoor tanning is safe. After giving Planet Fitness notice of the potentially false and misleading advertising issues, Planet Fitness ceased the promotions.
“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,” Attorney General Schneiderman announced. “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.”
The New York Attorney General’s office launched an investigation into suspected misleading advertising in the indoor tanning salon industry in 2013.
Companies: Planet Fitness Holdings LLC; Pla-Fit Franchise, LLC; Planet Fitness National Advertising Fund, LLC
News: Advertising