Anne Bucher  |  September 19, 2016

Category: Closed Class Actions

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Mercola FTC settlement

Mercola.com has reached a settlement with the Federal Trade Commission over allegations it made false and unsupported claims that its indoor tanning systems are safe, can reduce wrinkles, and don’t increase the risk of skin cancer.

If you purchased a Mercola.com indoor tanning system and were dissatisfied with the product, you may be entitled to a refund from the FTC settlement.

The FTC filed the false advertising class action lawsuit in April against Mercola.com LLC, Mercola.com Health Resources Inc., and Dr. Joseph Mercola.

There are several different models of the Mercola.com indoor tanning system, including D-Lite, Sun Splash, Sun Splash Refresh, Sunsplash Renew, Vitality, Vitality Refresh, and Vitality D-Lite.

These indoor tanning systems vary in design. Some are designed as beds, door-mount or standing systems. The type and number of lamps also vary. Depending on the model, the lamps generate red, infrared and/or blue light.

The systems reportedly sold for $1,200 to $4,000 each.

According to the FTC, Mercola ran advertisements that claimed these indoor tanning systems were safe, that they did not increase the risk of melanoma skin cancer, and that they can “reverse the appearance of aging.”

The ads also allegedly stated that the U.S. Food and Drug Administration endorsed indoor tanning systems as safe, a claim the FTC says is false—and dangerous.

“These types of false claims are especially troubling because of the serious health risks posed by indoor tanning,” Jessica Rich, the Director of the FTC’s Bureau of Consumer Protection, said. “The fact is, indoor tanning is not safe because it increases the risk of skin cancer, including melanoma.”

The defendants neither admit or deny any of the allegations. However, they have agreed to pay more than $5.3 million to settle the FTC lawsuit.

UPDATE: February 2017, the FTC announced that they are mailing out checks to more than 1,300 individuals who asked for a refund for the Mercola tanning system. The average check amount is expected to be about $1,800. 

 

Who’s Eligible

Anyone who purchased Mercola brand indoor tanning systems since Jan. 1, 2012 may be eligible for a refund from the FTC settlement.

Potential Award

Varies.

Proof of Purchase

N/A

Claim Form Deadline

10/16/2016

Case Name

Federal Trade Commission v. Mercola.com LLC, et al., Case No. 1:16-cv-04282, in the U.S. District Court for the Northern District of Illinois, Eastern Division

Final Hearing

N/A

Claims Administrator

FTC v. Mercola.com LLC and Others
Claims Administration Center
P.O. Box 2525
Faribault, MN 55021-9525
1-877-418-8082

Class Counsel

David C. Shonka
Janet M. Evans
Keith Fentonmiller
Guy G. Ward
FEDERAL TRADE COMMISSION

Defense Counsel

Todd A. Harrison
Leonard L. Gordon
VENABLE LLP

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21 thoughts onFTC Mercola.com Indoor Tanning System Settlement

  1. mr.dahl says:

    WHERES THE CHECKS

  2. Rambaz says:

    Any updates

  3. Fiona says:

    No check yet, still waiting in New York

  4. Jill says:

    Has anyone received a check yet ?

  5. Yo yo says:

    Update. It’s. March any word on when checks will be mailed?

    1. Rogers says:

      Did u call the number

      1. Yo yo says:

        Yes no reply.

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