Are artificial tans the new cigarette? How plaintiffs can use the lessons of tobacco litigation in bringing claims against the indoor tanning industry.
Indoor tanning salons have grown significantly in popularity during recent years. Scientific research has revealed a strong link between skin cancer and ultraviolet light exposure from indoor tanning lamps. Despite such dangers, federal regulations place minimal restrictions on the labeling of indoor tanning lamps. Indoor tanning salons work vigorously to dispel notions of a link to skin cancer, often falsely promoting various health benefits of indoor tanning. The first lawsuit for injuries resulting from indoor tanning was recently filed against an indoor tanning salon, and other such litigation is poised to follow. This Note examines three potential tort claims against indoor tanning manufacturers and salons, and suggests ways to formulate compelling arguments in each instance. In doing so it draws on cases finding liability in the context of cigarettes, identifying similarities between the indoor tanning and cigarette industries.
Loh
Andrea Y
AY
D000329:Advertising / Q000331:legislation & jurisprudence*; D001505:Beauty Culture / Q000331:legislation & jurisprudence; D003132:Commerce / Q000331:legislation & jurisprudence*; D003257:Consumer Product Safety / Q000331:legislation & jurisprudence*; D033161:Government Regulation; D006801:Humans; D016365:Liability, Legal; D009381:Neoplasms, Radiation-Induced / Q000209:etiology* / Q000517:prevention & control; D012306:Risk; D012878:Skin Neoplasms / Q000209:etiology / Q000517:prevention & control*; D012880:Skin Pigmentation / Q000528:radiation effects*; D012907:Smoking / Q000331:legislation & jurisprudence; D019460:Tobacco Industry / Q000331:legislation & jurisprudence*; D014466:Ultraviolet Rays / Q000009:adverse effects*; D014481:United States