HOUSTON -- Can tanning beds help prevent cancer? That was the question some viewers asked KPRC Local 2 investigative reporter Amy Davis last summer.

After our investigation into the Houston-based nationwide tanning chain Darque Tan, the Texas Attorney General is taking action.

The AG filed a lawsuit against the company on Monday claiming all those Darque Tan billboards you see around Houston with the words "vitamin D" are deceptive and a violation of Texas Health and Safety Code laws.

These ads make the link between vitamin D and indoor tanning. And Darque Tan's owner Robbie Segler told us last summer, that's the point.

"You want to change it, so that when people think tanning beds, they think what?" Davis asked Segler.

"They think vitamin D," Segler replied.

Studies show vitamin D, found in milk and ultraviolet rays, reduces your risk of internal cancers.

Segler said tanning beds that emit UV rays can also help prevent cancer.

Our hidden camera caught his employees saying as much last summer.

"People that have high levels of vitamin D, they sometimes, um you know, are not as likely to get cancer," said the Darque Tan employee to a teenager she thought was considering tanning at her store.

The State Department of Health Services contends the ads and the comments we caught on hidden camera are a violation of the Texas Health Code.

It reads, "A tanning facility operator may not claim or distribute promotional materials that claim that using a tanning device is safe or free from risk or that using a tanning device will result in medical health benefits."

"So, Darque Tan is not making claims?" Davis asked Segler after he watched the tape of his employees.

"Darque Tan does not make health claims," said Segler.

"And Darque Tan is not violating the Texas Health Code?" Davis continued.

"Absolutely not," Said Segler.

It's clear now that the Attorney General's Office disagrees.

If you paid for tanning at Darque Tan believing that tanning would boost your levels of vitamin D or you would get some health benefit, the state wants to hear from you.

You could get a refund.

Darque Tan faces civil penalties of up to $20,000 for every violation of the Deceptive Trade Practices Act and $25,000 a day for every violation of the Texas Health and Safety Code.

Segler called Davis Monday night about the lawsuit. He said he still doesn't believe his billboards and signs that simply have the word "vitamin D" are a violation of the health code. He also e-mailed us this statement:

"We (Darque Tan) find it disturbing that the State would waste valuable taxpayer money trying to silence tanning salons from stating the obvious and proven connection between tanning beds and vitamin D. We deny the charge that our advertising campaign references health benefits and don't believe that hidden-camera sting-operations properly represent our advertising claims. We stand behind our marketing and look forward to defending our right to inform consumers that tanning beds produce vitamin D."

More Information:

File Complaint With Attorney General's Office