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Texas AG files suit against Darque Tan

Houston Business Journal

The Texas Attorney General’s office filed suit on Monday against the parent company of Darque Tan, accusing the tanning salon business of conducting an unlawful marketing campaign.

According to the Attorney General’s office, in a recent marketing campaign Houston-based Darque Tan claims that its indoor tanning beds can increase levels of Vitamin D and consequently reduce the risk of cancer. The claims prompted the Texas Department of State Health Services to launch an investigation and refer the case to the Attorney General.

Darque Tan has about 87 locations in eight states, including 36 the Houston area, according to a search on the company's Web site.

The Attorney General’s suit names Darque Tan LLC; the company’s parent, Segler Enterprises Ltd. of Houston; and company president Robbie Segler as defendants. A spokesman for the Attorney General’s office said since the campaign was a corporate one, all of the company’s franchise locations are covered in the suit.

According to the Attorney General’s office, tanning beds are only approved for cosmetic tanning under state and federal law. The lawsuit claims that Darque Tan violated the Food, Drug and Cosmetic Act as well as various state health and safety code laws with its claims that its products help prevent cancer.


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