‘StaTE OF NEW YORK (Oprice of TE ATTORNEY GENERAL Tose M.A Bac T. Scanmeaman BexsasCer ‘Arey Gran Constant Prec Bosca NOTICE OF PROPOSED LITIGATION PURSUANT TO NEW YORK EXECUTIVE LAW § 63(12) AND By ma April 21, 2015 Arthur L, Pressman, Es ‘Nixon Peabody. LLP. 100 Summ Street Boston, MA 02119-2/31 Notice of Dear Me, Pressman ‘You are hereby notified that the Attomey General intends to commence litigation against Planet Fitness Holdings LLC ("respondent") pursuant to General Business Law §§ 349 and 380 and Executive Law § (812) to enjoin repeated ilegal acts and practices in which respondent has ‘engaged and continues to engage with respect to false advertising and deceptive practices in cconnestion with representations promoting UV indoor tanning services at respondent's wholly ‘owned tanning salons znd franchised fitness eenters doing business under the Plant Fitness| trademark, and to obtain additional injunctive relief restitution, penalties, damages, costs and sue other relief asthe court may deem just and proper. This proceeding is based upon the following aets and practices of respondent, including Dut not limited to: 1. Failing to provide disclosures required by Public Health Law § NYCRR. Antcle 7 2. Promoting reuse of unlimited ultra violet tanning serviees: Using misbranded LED red lamp deviees and misrepresenting the medical or health benelits of tie unapproved Beauty Angel device in some Planet Fitness locations; and 4, Piling to acequately train Planet Fitness employees who assist members inthe use of UV tanning beds and red lamp devices. 2) and 10 |2nBonbway. New Your, NY 10271 « Pun (212)416 430 Fx (212) 4166005 wa A008PLEASE TAKE NOTICE THAT pursuant to General Business Law § 349) and § 350-¢, you ae hereby afforded the opportunity to show orally or in writing, within five (3) business ‘lays ater receipt ofthis notice, why such proceedings should not be commenced, My telephone umber is 212-416-8348. Very truly yours, Ellen Fried Assistant Attomey General ‘Consumer Frauds and Protection Bureau‘STATE OF New YORK (Opnice oF Tit ATTORNEY GENERAL Jaye M. Aza ei T, SciNepeRMAN BimsavCunr ‘Arron Gown Consnen Feats & ronan Benen NOTICE OF PROPOSED LITIGATION PURSUANT TON "AW § 6312) AND. 349 AND BY CERTIFIED Mall 201s James Oliver, CEO BBT Retail, ine. Salon Management USA, LLC (©/0 Daniel A. Sehnapp, Esq, Fox Rothschild LLP 100 Park Avenue New York, NY 10017 Notice Intention to Dear Mr. Schnapp: You are hereby notified that the Attorney General intends to commence litigation against BBT Retail, Inc. and Salon Management, Inc, LLC (colletively “espondent") dibva! Beach Bum Tanning Salons pursuant to General Business Law §§ 349 and 350 and Executive Law § 63(12) ‘o enjoin repeated illegal sets and practices in which respondent has engaged and continues to ‘engage with respect to false advertising and deceptive practices in connection with representations promoting UV indoor tanning services at respondent's wholly owned tanning. salons and licensees, and to obtain addtional injunetive rele restitution, penalties, damages, costs and such other relie'as the court may deem just and proper This proceeding is based upon the following acts and practices of respondent, including but not limited to: 1, Misrepreseiting the health-related benefits associated with tanning including vitamin D; 2. Misrepreserting the link between tanning and cancer: |20BoDWAY, New Yonk, NY 1027 Pre (212) 4164100 F212) 16600 # wu 9.7 0083. Failing to disclose that any health benefits represented as attainable through tanning ‘could be obtained through other non-carcinogenic means, such as vitamin supplements 44. Failing to mit representations about UV indoor tanning services to cosmetic representations; 5. Misrepresenting “red liht therapy” as an “anti-aging and skin rejuvenation” tool: 6. Misrepresenting that DIIA (dihydroxyacetone), the main ative ingredient in sunless tanning prcduets is approved by the FDA: 7. Failing to provide disclosures required by Public Health Law § 355(2) and 10 NYCRR Antcle 72; and 8. Promoting tanning to underage youth, SE TAKENOTICE THAT pursuant to General Business Law § 349(c) and § 350, you are hereby afforded the opportunity to show orally or in writing, within five (5) business {ay’ after receipt ofthis notice, why such proceedings should not be commenced. My telephone number is 212-416-8388, Assistant Attomey General ‘Consumer Frauds and Protection Bureas