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Darque Tan ads elicit complaint from law student
By Amie Glover
"I was riding in the car with my roommate at the time who actually had melanoma, and that was really an ordeal for her," said UT law student Emily Prewett. "And seeing her reaction to that billboard kind of struck me." Prewett said she contacted Darque Tan to request that they discontinue the ads before she filed a complaint with the Texas Attorney General on April 18. The commercials begin with men in white lab coats. In one advertisement, a man says, "Science has discovered that UVB from tanning converts cholesterol into Vitamin D." Then a narrator says, "Mmm yeah, Vitamin D-licious. Come get yours with a free week of level one tanning … " In a second advertisement, a man in a lab coat says, "Getting the Vitamin D you need has never been easier. To get just 4,000 IU, it takes 20 cans of sardines - Mmm good - or 40 glasses of milk, if you tolerate lactose. Better yet, get a full 4,000 IU of Vitamin D in just five minutes in a tanning bed at Darque Tan … " Darque Tan has more than 90 stores in Texas, Colorado, Minnesota, Massachusetts, Arizona, Nevada and Florida. Darque Tan owner Robbie Segler has communicated with Prewett via e-mail regarding her concerns, but he did not respond to multiple phone calls and e-mails from the Texan. "I don't have an issue with the company, I just have an issue with that particular advertising campaign," Prewett said. "I think that that's the wrong message to be sending potential customers. And it's prohibited for a reason, and it's because there are so many health studies that link cancer and other health risks to UV exposure." Prewett said she worries the ads may not be ethical because they do not warn viewers of potential health risks associated with tanning. The Texan strives to present all information fairly, accurately and completely.
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Viewing Comments 1 - 10 of 26
tanning lotion
posted 4/30/08 @ 9:32 AM CST
Sounds to me like the law is pretty clear. I wonder if he'll try to fight this in the courts?
Joe
posted 4/30/08 @ 9:34 AM CST
It is a well-known fact that exposure to UV rays produces vitamin D, and that the health benefits of vitamin D are numerous. There is no reason why this business should not be allowed to advertise this. (Continued…)
Scott
posted 4/30/08 @ 11:38 AM CST
Mr. Segler has at least an argument that the law is counter to the first amendment, but states have regulated industries (including their advertising abilities) for a long time, and I'd bet there are decisions upholding those regulations. (Continued…)
Mike
posted 4/30/08 @ 12:38 PM CST
Mr. Segler has a wrong idea of free speech, what Darque Tan is advertising is not considered free speech under the law, it is considered commercial speech, and commercial speech is regulated. (Continued…)
Mike
posted 4/30/08 @ 12:40 PM CST
Definition of commercial speech:
"Commercial Speech is speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product. (Continued…)
alli
posted 4/30/08 @ 1:31 PM CST
Good eye, Emily, for noticing a problem that I have personally overlooked for too long.
The First Amendment should not be used as a shield protecting any and all speech. (Continued…)
Scott
posted 4/30/08 @ 1:52 PM CST
Just so any curious soul can see the advertisement in question, I think it's this one:
http://www.youtube.com/watch?v=F9dXyca_fW4
realitycheck
posted 4/30/08 @ 7:21 PM CST
I don't see what the problem is. You get exposed to UVB, your body has a natural reaction to it and turns cholesterol to Vitamin D. Seems pretty straightforward to me. (Continued…)
Jim
posted 4/30/08 @ 10:17 PM CST
If I am reading this story right, the Texas legislature decided that they could restrict the Constitutional 1st amendment right of free speech of their state's tanning salons businesses and a law school student is asking the state attorney general to enforce this clearly unconstitutional law. (Continued…)
Law Lotion
posted 5/01/08 @ 1:13 AM CST
C'mon folks. Stop sounding ignorant. Do you really think this is unconstitutional? The right of free speech isnt absolute--even if it is granted by the constitution. (Continued…)
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