Solarium safety claims found to be misleading

Claims that solarium treatments were 'safe', or 'the safe alternative to Tassie's sun', were false and misleading, the Federal Court has found.

The declarations follow Australian Competition and Consumer Commission action.

The claims appeared between November 2004 and January 2005 in newspaper advertisements placed by Launceston business, Honeybank Corporation Proprietary Limited, trading as Aquarius Roman Baths.

Justice Peter Heerey found the claims to be false and misleading after being presented with medical research linking the ultraviolet light emitted by solariums* with an increased risk of skin cancer, melanoma, premature skin aging, eye damage and suppression of the immune system.

The court issued a five year injunction restraining Aquarius Roman Baths from making safety claims regarding its solarium service, and ordered that it publish at its own expense a series of corrective advertisements, display a corrective notice at its salon and institute a trade practices compliance training program for its staff. Aquarius Roman Baths was also ordered to pay the ACCC's costs in the matter.

The court made the orders following its consideration of the facts of the matter and the suggested remedies submitted jointly by the ACCC and Aquarius Roman Baths.

ACCC Chairman, Mr Graeme Samuel, welcomed the Federal Court's decision and said: "It is essential that businesses do not make safety claims without first ensuring that those claims are positively supported by appropriate research".

Background

*Modern solariums and sunbeds predominantly emit wavelengths from a part of the ultraviolet spectrum known as UV-A. Older equipment also emit the more harmful UV-B part of the spectrum.

NB: Action in this case was taken under sections 52 and 53 (c) of the Trade Practices Act 1974. No monetary penalties are possible under these sections.