Competition Bureau challenges tanning health claims

Fabutan allegedly misled consumers about benefits of indoor tanning

OTTAWA, March 31, 2005 – The Competition Bureau announced today that it has filed an application for an order with the Competition Tribunal to stop Calgary-based Fabutan Sun Tan Studios and its president Douglas McNabb from making false representations to the public that there are health benefits associated with indoor tanning, such as a reduced risk of cancer.

The application is being filed under the deceptive marketing practices provisions of the Competition Act, which prohibit making representations to the public that are false or misleading. The provisions also prohibit making statements about the performance or efficacy of a product – in this case indoor tanning lamps and services – that are not based on adequate and proper tests.

The Bureau investigated Fabutan's false representations that implied that moderate indoor tanning:

• is a treatment for vitamin D deficiency and seasonal affective disorder;
• stimulates the metabolism; and
• prevents or reduces the risk of cancer, heart or cardiovascular disease, osteoporosis, and sunburn.

"Young consumers in particular are at risk of compromising their health through the use of indoor tanning services," said Raymond Pierce, Deputy Commissioner. "These representations may mislead people into thinking there are significant benefits associated with prolonged exposure to UV radiation."

According to the application, the Bureau is asking the Tribunal to order Fabutan to:

• cease making certain representations concerning the benefits of indoor tanning;
• publish a corrective notice; and
• pay an administrative monetary penalty.

The respondents have 30 days to file a response with the Tribunal.

The Competition Bureau is an independent law enforcement agency. We contribute to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

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