Burning Issues in New York's Tanning Bed Industry

State Attorney General Eric Schneiderman continues to turn up the heat on New York businesses in the indoor tanning industry. The State's A.G. is not alone.

According to Corporate Counsel, indoor tanning is under attack from all sides. The Federal Trade Commission is going after manufacturers. The U.S. Food and Drug Administration seeks to ban minors from using tanning salons altogether. Individuals are suing tanning salons with such frequency that some legal experts predict tobacco industry level litigation in the near future.  

Tanning industry lawyers deny that their clients are misleading consumers. Most claim that indoor tanning provides health benefits. When the tanning industry promotes these health benefits, industry lawyers argue that their clients are merely exercising their right to free speech.

Although it is too early to predict the final results of these regulatory proposals and court battles, it is clear that the controversy surrounding indoor tanning will not fade anytime soon. In the meantime, individual tanning studio are well advised to avoid directly making any claims related to the potential benefits of indoor tanning. Rather, tanning studios should direct consumers to third-party resources such as TanningTruth.com or SmartTan.com. These sites contain links to favorable blogs regarding tanning but contain warnings to consumers about the risks of overexposure to UV rays.

 

Comment

Kevin Burke

Kevin Burke is a partner in the Litigation, Labor & Employment Practice Group at Lippes Mathias Wexler Friedman LLP. EDUCATION: J.D., George Washington University Law School Georgetown University - B.A., magna cum laude Nichols High School School (Buffalo, New York) EMPLOYMENT: Lippes Mathias Wexler Friedman LLP - A partner in the Litigation Practice Group INTERESTS: Member, Nichols School Alumni Board Past Board Member and Officer, Western New York Trial Lawyers Association Bennett High School's Law Magnet Program Bar Association of Erie County Annual Mock Trial Tournament Attorney Coach Past Member, Kiwanis Club of Buffalo Past Member, Child & Family Services Annual Fund Board Leadership Buffalo Graduate, Class of 2006

New EU-U.S. Privacy Shield Requires Tougher Monitoring and Compliance for U.S. Companies

U.S. companies involved in the transmission of personally identifying information (“PII”) should be aware of the new “EU-U.S. Privacy Shield” unveiled by the U.S. Secretary of Commerce this week. The new Privacy Shield requires U.S. companies “to monitor and enforce more robustly” the privacy rights of Europeans doing business with American companies.

In addition to requiring greater transparency surrounding the collection and use of Europeans’ PII, the new Privacy Shield requires American companies to self-certify annually that they meet the privacy-protection requirements under the new EU-U.S. arrangement. American companies must now reply to complaints from individuals within 45 days, and U.S. businesses handling human resources data must cooperate and comply with European Data Protection Authorities.

If your company or business handles the personal data of Europeans, this new arrangement probably affects you. Consult with a legal professional experienced in the area of international data protection today.

Comment /Source

Kevin Burke

Kevin Burke is a partner in the Litigation, Labor & Employment Practice Group at Lippes Mathias Wexler Friedman LLP. EDUCATION: J.D., George Washington University Law School Georgetown University - B.A., magna cum laude Nichols High School School (Buffalo, New York) EMPLOYMENT: Lippes Mathias Wexler Friedman LLP - A partner in the Litigation Practice Group INTERESTS: Member, Nichols School Alumni Board Past Board Member and Officer, Western New York Trial Lawyers Association Bennett High School's Law Magnet Program Bar Association of Erie County Annual Mock Trial Tournament Attorney Coach Past Member, Kiwanis Club of Buffalo Past Member, Child & Family Services Annual Fund Board Leadership Buffalo Graduate, Class of 2006

Litigation business is booming

Litigation business is booming

Western New York litigation practices are growing and their attorneys are among the busiest in many law firms.

Kevin Cross leads the litigation department at Lippes Mathias Wexler Friedman LLP, which has seen growth over the past decade.

“Right now we have 12 attorneys and five support staff in our litigation department,” he said. “To demonstrate the upswing we have seen, this group had three attorneys in it 10 years ago.”

Read More