Commerce Commission cautions sunbed industry over claims
Commerce Commission cautions sunbed industry over claims
The Commerce Commission today put sunbed
operators and distributors on notice about the risks of
making false or misleading claims about the health benefits
and risks of sunbed use.
In a letter to about 280
operators and distributors nationally, the Commission
cautioned the industry under the Fair Trading Act about
overstating the benefits of sunbed use and understating the
risks.
Following a complaint from Consumer NZ and the
Cancer Society about sunbed operators, the Commission asked
a senior dermatologist to provide an assessment of the
benefits and risks of sunbed use, based on authoritative
leading studies. The operators complained about were also
given a chance to respond to the allegations that their
representations about sunbed use were misleading.
“We are concerned there may be a problem of
misleading claims about the safety of sunbed use among
sunbed distributors and operators throughout New Zealand. We
are giving them information about compliance with the Fair
Trading Act and raising the issue publically so that
consumers are aware of what experts say can accurately be
claimed about sunbed use,” said Kate Morrison, General
Manager, Competition branch.
“We expect the
industry to comply with the Fair Trading Act and hope that
informed consumers will question the claims the sunbed
operators make. The letter to the industry is a first step
to inform operators and distributors of the prohibitions
under the Fair Trading Act. We will be following up to
ensure they comply with the Act,” Ms Morrison said.
“If false or misleading representations are made in
the future, the Commission can consider other enforcement
options,” she said.
The dermatologist’s assessment
was that short-wavelength Ultraviolet B light was
carcinogenic and there was increasing evidence the longer
wavelength Ultraviolet A used in sunbeds penetrated the skin
more deeply and could lead to skin cancer. Photo-aging of
the skin, and eye damage, including the formation of
cataracts, were other risks of exposure to UV light through
sunbed use.
They also advised that the UV light on a
sunbed did not replicate the sun’s light, and light in
modern sunbeds was not healthier than natural sunlight. The
advice also concludes there are minimal health benefits
associated with sunbed use.
In relation to claims
about health benefits of Vitamin D exposure, the
dermatologist’s advice was that the exact nature of any
benefits associated with Vitamin D was unclear and the
majority of the population would get enough Vitamin D from
incidental exposure from the sun. There was also no evidence
that sunbed tanning provided natural protection against
sunburn, or inhibited melanoma.
Background Fair
Trading Act 1986 Section 9 states:
No person shall,
in trade, engage in conduct that is misleading or deceptive
or is likely to mislead or deceive.
Section 11
states:
No person shall, in trade, engage in conduct
that is liable to mislead the public as to the nature,
characteristics, suitability for a purpose, or quantity of
services.
And section 13(e) states: No person shall,
in trade, in connection with the supply or possible supply
of goods or services or with the promotion by any means of
the supply or use of goods or services,—
(e) make a
false or misleading representation that goods or services
have any sponsorship, approval, endorsement, performance
characteristics, accessories, uses, or benefits.
Only
the courts can decide whether the Fair Trading Act has been
breached and set appropriate penalties. If found guilty of a
criminal offence under the Act, companies can be fined up to
$200, 000 per offence and individuals up to $60,000 per
offence.
Media contact: Allanah Kalafatelis,
Communications Manager Phone work (04) 924 3708, mobile 021
225 4417
Mary Macpherson, Senior Communications
Adviser Phone work (04) 924 3737, mobile 021 225
4452
Commission media releases can be viewed at
www.comcom.govt.nz
Compliance Advice Letter to Sunbed
Operators and Distributors
Dear Sir or
Madam
FAIR TRADING ACT 1986: Alleged Misleading
Representations made by Solarium (Sunbed) Distributors &
Operators
The Commerce Commission (the Commission) is
responsible for enforcing the Fair Trading Act 1986 (the
Act). The Act applies to a wide range of activities,
focusing on all aspects of the promotion and sale of goods
and services. The Act prohibits false or misleading
representations in trade.
The Commission has received
a complaint from Consumer New Zealand and the Cancer Society
of New Zealand (the Complainants). The complainants allege
that representations made by some sunbed operators and
distributors in New Zealand about the health benefits and
risks of sunbed use are false or misleading.
The
Commission has investigated this matter and would like to
take this opportunity to make sunbed operators and
distributors aware of the conduct prohibited by the Act.
This letter is being sent to all sunbed operators and
distributors in New Zealand. Your business has been
identified as operating or distributing sunbeds in New
Zealand. If this is not the case please disregard this
letter.
MISLEADING AND DECEPTIVE CONDUCT PROHIBITED
The Act prohibits conduct that is misleading or deceptive.
It also prohibits conduct which is likely to mislead or
deceive or which is liable to mislead the public as to the
characteristics or suitability for a purpose of goods and
services.
Breaches of the Act can provide grounds for
prosecution or civil proceedings. Criminal penalties include
fines of up to $200,000 for a company and $60,000 for an
individual. Civil penalties include orders to refund money
to persons who have suffered loss or damage as a result of a
breach.
DISPLAYING MATERIAL CREATED BY SOMEONE ELSE
You should be aware that if your business displays material
created by others that contains false or misleading
representations you may be liable under the Act in relation
to those representations.
RELYING ON STUDIES You may
be at risk of breaching the Act if you inaccurately or
selectively report scientific studies or data. In order to
avoid misleading the public, any information your business
relies on when making representations should be up to date,
reliable and accurate.
“OPINIONS” MAY BREACH THE
ACT A statement which is expressed as an opinion may breach
the Act, including if it contains a representation which is
misleading or deceptive, or if the opinion is not honestly
held.
SPECIFIC REPRESENTATIONS The Commission
understands that some sunbed operators and distributors in
New Zealand may be making representations about the health
benefits and risks of sunbed use. The Commission is
concerned that some sunbed operators are at risk of
breaching the Act, including by understating the risks and
overstating the benefits of sunbed use.
The Commission
has received advice from an independent expert about this
matter. Relevant aspects of that advice are set out below.
Benefits and Risks of Sunbed Use
1. Short-wavelength UVB is carcinogenic and there
is increasing evidence that longer wavelength UVA used in
sunbeds penetrates the skin more deeply and can induce skin
cancer. Sunbed exposure will further increase the known
risks of UV exposure .
2. There is no evidence that
suggests that UV exposure from any type of sunbed is less
harmful than UV exposure from the sun. Pre-cancerous
actinic keratosis and Bowen’s Disease have also been found
in sunlight-protected but sunbed-exposed skin after just two
to three years of sunbed use.
3. Exposure to UV light
also causes photo-ageing of the skin with breakdown of
collagen leading to wrinkles and loss of elasticity. UV
light can damage the eyes with cataracts forming, pterygium
forming and inflammatory problems.
4. The UV light
on a sunbed does not replicate that from the sun, and light
in modern sunbeds is not healthier than natural sunlight.
5. The Commission has been advised that there are no
health benefits associated with sunbed use. However, it has
been argued that ultra violet light can improve one’s
mood, especially in the winter in northern European
countries. Psychiatrists increasingly believe this benefit
is due to white light rather than UVB or UVA . Vitamin D
6. The Commission has been advised that the exact nature of
any health benefits associated with Vitamin D are unclear.
More information is becoming available, but what is agreed
is that Vitamin D is essential for healthy bones. Whether it
influences other conditions is to this date unclear.
7. A sunbed will help produce Vitamin D as the UVB
light in the sunbed will stimulate its production in the
skin. However, at the same time you are doing great damage
to your skin.
8. The majority of the population will
get enough Vitamin D from incidental exposure from the sun
and from their diet. Supplementation through diet is more
desirable than sunbed use or sun exposure if there is a
deficiency of this Vitamin . Tanning as a Natural
Protection against Sunburn 9. Dermatologists believe that a
tan is a sign of skin damage. There is no evidence that
tanning on a sunbed provides natural protection against
sunburn. At best it may give a protection of SPF 2 – 3 .
Furthermore, the Commerce Commission has been advised that
tanning on a sunbed does not inhibit incidences of melanoma.
While the Commission is taking no further action at this
time, we will continue to monitor the representations being
made by sunbed operators and distributors. If the Commission
considers that industry participants have made false or
misleading representations, the Commission may reconsider
its enforcement
options.
ends