Legal Issues

July 01, 2008

Pennsylvania Massage Therapists Closer to State Regulations

On Tuesday, the House voted 193-5 to approve a plan by Majority Whip Keith McCall, D-Carbon, that calls for licensing Pennsylvania massage therapists.  Nancy Porambo, president of Pennsylvania's chapter of the American Massage Therapy Association, said licenses are crucial because they establish educational guidelines, help eliminate ''unscrupulous and unqualified individuals'' and raise awareness of the therapeutic benefits of massage therapy.

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Michigan Massage Therapists Closer to State Regulations

Michigan's massage therapists are one step closer to state regulation of their profession.  According to a statement released by Associated Bodywork & Massage Professionals, which monitors massage legislation nationwide, "House bill 5651, sponsored by Representative Paul Condino, passed the House Regulatory Reform Committee on Tuesday, June 24, 2008. The bill would establish state licensing standards for massage therapists and create a board of massage therapy to implement the process. If passed, a state license would pre-empt local regulations; only one license would be needed."

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New laws in effect for Colorado Massage Therapists

A law providing for the registration of massage therapists goes into effect on July 1, according to a statement from the Associated Bodywork & Massage Professionals: "Senate Bill 219, providing for the state registration of massage therapists, was signed into law by Governor Ritter on June 2, 2008. The new law goes into effect on July 1, 2008. However, applications for state registration will not become available until April 1, 2009 at the earliest."

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June 30, 2008

Student Stage Protest of "Unsafe" Beauty School in Tucson

About 30 cosmetology students walked out of their lessons recently and staged a protest at their school, accusing it of poor treatment and unsafe practices.  The students chanted "We're not going back till it's safe!" and carried protest signs in front of Empire Beauty School in Tucson, Arizona.

June 24, 2008

Legitimate therapists worry about spa reputations

Licensed massage therapists across Indiana have long voiced concerns about alleged sex parlors fronting as legitimate massage operations, according to the Indiana president of the American Massage Therapy Association.

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June 02, 2008

California Medical Medi Spa Rules Get a Makeover

In California, as in many states, a licensed physician or surgeon must be the majority owner of a medical spa. The law even requires minority stake holders to work in a health-related field.  But under current rules, the doctor in charge need not be present when a medical spa is performing certain services. They merely must be “reachable” during the procedure, said Candis Cohen, a spokeswoman for the Medical Board of California.

As a result, some medical spas have physician oversight on paper, but the doctors in charge spend little or no time in the offices. Lawmakers in several states are addressing this safety concern. A bill pending in the California legislature would strengthen penalties against such absentee oversight. Introduced by Alan Nakanishi, R-Lodi, Assembly Bill 2398 would expand penalties — which are now usually fines — to include license revocation.

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May 29, 2008

Cosmetic Con: Some Clients Say Med Spas Misleading

Medical spas have cropped up everywhere, a billion-dollar industry that offers non-surgical alternatives to cosmetic surgery.  But in response to complaints, the 2 Investigators found one chain that's misleading and harming clients, and as CBS 2 Investigator Pam Zekman reports, leaving some of them in the middle of a cosmetic con.

The seven NuU Medspas in the Chicago area aggressively promote Lipodissolve, a series of injections that supposedly will melt your fat away. The ads talk about reduced inches with no knives, no tubes, and no pain -- a deceptive ad, patients say.

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May 27, 2008

Spas Take Heat for Offering Ear Candling

At a time when people turn to specialists for everything from detoxing their feet to washing their hair, it appears that the age-old Q-Tip solution to ear wax just isn't cutting it anymore. Enter ear candling, the controversial 15-minute ear cleansing solution done in doctors' offices and spas throughout the country.

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April 30, 2008

Virginia's spas bypass laws by serving alcohol

It's been 40 years since Virginia allowed liquor to be sold by the drink.  Since then, the state's ABC laws have gotten complicated.

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April 29, 2008

Grand Traverse Resort & Spa Settles Class Action Lawsuit by Spa Employees

A settlement was reached in a class action lawsuit between the Grand Traverse Resort & Spa and scores of resort employees over money withheld from their paychecks that was used for resort marketing.

The resort agreed to pay $78,000 to a group of around 150 current and former resort workers in a settlement filed Monday in 13th Circuit Court. The resort was sued last summer over alleged violations of state employment and wage laws over $150 bi-weekly paycheck deductions for numerous employees at its health spa that were used to help fund the resort's marketing efforts.

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New Policies Have California Salons on their Toes

Dirty foot spas in Orange County, California nail salons have sparked concern among consumers, causing the creation of new regulations.   The Board of Barbering and Cosmetology (BBC) is cracking the whip by enforcing a new regulation that allows any representative of the board to temporarily suspend an establishment's license immediately if unsanitary conditions exist. . . . If debris is found in jets, foot-plates or impellers upon the removal of screens from foot spas, a license can be suspended.

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April 28, 2008

Obese Customer Plans to Sue Salon for Refusing Pedicure

She claims she was turned away and told she's too fat for a pedicure.  Now, a West Palm Beach woman is planning a discrimination suit against a local nail salon.

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April 07, 2008

Seven Napa area day spas fined for tax, payroll issues

Seven Napa day spa owners received fines totaling $70,000 this week for state labor law violations, leaving many in state of shock and confusion.

At issue is the misclassification of spa employees as independent contractors, said state labor officials who also conducted sweeps of nail salons, day spas and beauty salons in California's San Francisco, Sonoma, Contra Costa and Alameda counties.

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March 10, 2008

Northern California Massage Therapists Offended by City's Regulations

Massage therapists (in the Northern California city of Benecia)  have forced the city to delay imposing regulations they said did not treat them as health care professionals.  . . .  One therapist said parts of the ordinance were "insulting" -- such as requiring medical exams to ensure the therapists are free of communicable diseases.

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February 22, 2008

California Nail Salons on Probation

Ten California nail salons have been cited for unsanitary conditions under a 2006 state law that took effect this year.  The foot spas — scattered around the state — were placed on probation by the state Department of Consumer Affairs' Board of Barbering and Cosmetology.

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In a crackdown under a new state law, inspectors have issued citations to five Southern California salons, putting them on probation for clipping toenails and soaking feet in unsanitary conditions, officials announced today.  The Southern California salons whose citations were announced today are Laser Nails in Huntington Beach, KC Nails in Anaheim, Top Hair Salon in Buena Park, Super Hair & Nails in Huntington Beach and LyLy Hair and Nails in Huntington Beach.

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From the Department of Consumer Affairs:

Recommendations for FootSpa Safety (PDF) and Appendix (PDF)

February 12, 2008

Ten Million Dollar Jury Verdict Announced Against The Ritz-Carlton Hotel Company

One of the hospitality industry's most closely-watched trials has ended in victory for a hotel owner against The Ritz-Carlton Hotel Company, LLC ("Ritz-Carlton"). Bickel & Brewer law firm has announced that its client, Karang Mas Sejahtera ("KMS"), owner of the exclusive Ritz-Carlton Bali Resort & Spa ("Ritz-Carlton Bali"), prevailed in a case that may have wide-ranging implications on the manner in which hotel management agreements are interpreted -- and enforced.

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January 29, 2008

Woman Sues Stonewater Spa Over Fondling Incident

A former resident has filed a federal lawsuit against a spa and its Canadian owner, alleging the salon should have fired the masseur convicted of fondling and kissing her two years ago because of two complaints from female co-workers about being touched by him.

Filed in U.S. District Court in White Plains, N.Y., on Thursday by Rosey Kalayjian, the suit alleges that the Stonewater Spa & Boutique did not discipline or fire Michael Krzyzak despite knowing he had been reported for touching female co-workers before groping Kalayjian and another woman on Jan. 16, 2005.

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January 02, 2008

Indiana Day Spa Must Repay Clients for Gift Card Purchases

Indiana Attorney General Steve Carter announced today that “Serenity” Salon & Day Spa of Columbus will pay more than $10,000 to nearly 100 consumers for allegedly selling gift cards for services that could not be redeemed.

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Expiration Date for a Mani / Pedi Gift Card Raises Problem in New Jersey

New Jersey law requires that all gift cards and gift certificates sold in the state be good for a minimum of two years. Atlantic County Consumer Affairs Director Bob Howie is embarking on a public education campaign to help smaller business owners to come into compliance with this state law, which became final in the early part of 2006.

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December 14, 2007

Minnesota Bans Mercury in Cosmetics

The quest for thicker lashes and defined eyes should get safer in Minnesota on Jan. 1, when a state law banning mercury from mascara, eye liners and skin-lightening creams takes effect.  Minnesota apparently is the first state in the nation to ban intentionally added mercury in cosmetics, giving it a tougher standard than the federal government.

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November 26, 2007

Massage Therapists Sue Minnesota: Hands Off Our Rights

The American Civil Liberties Union of Minnesota filed a lawsuit Thursday against current and former Minnesota Commissioners of Health over rules that prohibit a massage therapist from having a sexual relationship with a former client for two years.

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September 20, 2007

Acupuncturists: Experience vs. Credentials

The phone directory has a page full of acupuncture specialists. Many are experts. Many tout their years of experience and credentials.  But because of a Delaware law that runs contrary to the regulations in most other states, acupuncturists who hold the most commonly accepted professional qualification -- a national certificate -- are operating in violation of the Delaware code.

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September 18, 2007

New Zealand Massage Therapists Win a Yellow Page Victory

Massage therapists fed up with being linked to the sex industry in the Yellow Pages have scored a victory with the directory company agreeing to look at separating the two industries. Massage therapists called for the separation earlier this month. Massage New Zealand president Barry Vautier said the heading in the directory should be changed to something like adult services, as every state in Australia had already done.

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August 17, 2007

Manhattan Spa Sued for Renting Facilities to Porn Stars for After Hours Activities

A swanky Manhattan spa that's annually rated among the best in the city doubled as a site for kinky swingers parties and X-rated movie shoots, according to a lawsuit filed by a physical therapist to the stars.

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August 16, 2007

Doctor in Spa Death Punished

More than two years after an N.C. State University student died from using a numbing gel before undergoing laser hair removal, the N.C. Medical Board has resolved the last case against a doctor associated with the incident.

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August 10, 2007

New Rules Pending for Labeling Sunscreen

The FDA has tried at least as far back as 1999 to get sunscreen makers to stop using what the FDA called "unsupported, absolute and/or misleading and confusing terms such as 'sunblock,' 'waterproof'" and others. But delays in approving new rules, caused by scientific advances and industry lobbying, means compliance eight years later is voluntary.

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August 09, 2007

Australian Massage Therapist Protests USA / AMTA Restrictions and Requirements

A massage therapist who operates schools in 11 different countries says it's time for states to change laws that he argues discriminate against non-western techniques.

Brandon Raynor, an Australian, brought his protest to Carson City, Nevada on Tuesday, calling on Nevada lawmakers to support a Health Freedom Act that would eliminate the restrictions on required training for massage therapists created by the American Massage Therapy Association.

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Massage experts put squeeze on their rivals on the Riviera

Asian masseuses working on French Riviera beaches face a police crack-down after becoming popular among holidaymakers but a headache for their Gallic counterparts.   The action follows claims from the French Council of Masseurs and Physiotherapists that the mainly Chinese newcomers are illegal, unhygienic and even dangerous.

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July 10, 2007

Miami Medi Day Spa Popped for Practicing Medicine Without License

Two Miami-Dade County women are facing felony charges, accused of practicing health care without a license.  Undercover agents busted the operation based at a spa called Image Plus Aesthetic Skin Care.  According to authorities, the owner of the facility and an accomplice were providing intricate medical procedures -- lip augmentations and mesotherapy -- to hundreds of patients, without medical supervision.

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Additional Details

July 09, 2007

UK Day Spas Fined for Sidewalk Advertising

Jurlique Day Spa and Sanctuary were hit with an £80 fixed penalty notice last week for placing advertising boards on the pavement and vinyl banners on trees outside their premises.

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June 20, 2007

Problem Pedicures

A Texas womain is claiming her toes became infected after her pedicure, forcing her to seek medical attention in which physicians removed two of her toenails.

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It was over a year ago that KAKE (Wichita) News first told you about a life-altering infection that was contracted from local pedicure foot spas. But despite lawsuits and injured victims, the problem still exists.

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Searching public records might very well keep you from exposing yourself to potential health hazards the next time you pay for a little pampering.

Hundreds of people across the country get more than a pedicure or manicure when they visit a salon. They pick up nasty microbes such as staphylococcus aureus and mycobacterium fortuitum from unsanitary instruments or foot baths. The bacteria typically enter through a small cut or scratch and can cause serious or even deadly infections.

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June 11, 2007

California Massage Therapists Seek New Regulations

Regulate us, please!  That, in effect, is what California massage therapists are saying to the state Legislature. An association of massage therapists is the sponsor of Senate Bill 731, by Sen. Jenny Oropeza, D-Long Beach, to set up a nonprofit organization to certify those who knead backs for a living.

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More on this Story

May 25, 2007

Ohio Medi-Spa Owner Arrested for Practicing Medicine

An arrest warrant was issued for Richard Annabella last month after he was charged with practicing medicine without a license at his Bella Derm Medi-Spa in Westlake, Ohio.  As a result of an investigation, 36 women told police about painful weight loss treatments they received -- treatments they said did not work.

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Missouri Attorney General Secures Refunds for Jilted Spa Members

Missouri Attorney General Jay Nixon said Wednesday that refunds are available for members of the now-closed Club Nutrition & Fitness Health Spa which closed its doors March 1.  Nixon’s office has obtained $20,000 for member refunds from a letter of credit submitted by the spa’s owners, according to a news release.

Health spas in Missouri must provide proof of either a bond or a letter of credit to the Attorney General’s Office when they open. The bond or letter of credit then is used to provide refunds, if the health spa closes, for consumers who pay for membership fees in advance and a suitable alternative is not provided to those members. Money for consumers is paid out of the Health Spa Regulatory Fund.

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May 24, 2007

Florida Spa Owner fined $17,000 for operating in the wrong zone

A Warm Mineral Springs (Florida) resident is presenting a conceptual plan to build an 80-unit resort, using the Warm Mineral Springs lake as the main draw to bring tourism to the city.  Mira Matchin has been trying to run a spa and wellness center using residential houses in Warm Mineral Springs. However, Sarasota County Florida has fined her more than $17,700 because she was operating her business in the wrong zone. The zoning Matchin needs does not exist in Warm Mineral Springs.

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Spa Deception

(CBS) NEW YORK.  Twenty-five years ago, there were only a handful of spas in the United States. Today, Americans spend billions of dollars a year being primped and pampered at more than 10,000 spas scattered across the country. However, CBS 2 HD has a warning: before signing up for services, read the fine print.

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May 18, 2007

Queens area Spa Opens with both Party and Protest

The controversial Inspa World (Malba / Queens, NY)) opened with a grand party last Thursday night in College Point as Councilman Tony Avella (D-Bayside), the spa's leading foe, gathered with about a dozen neighbors outside to say he will not stop fighting the palatial day retreat.

Hundreds of people packed the four-story luxury spa, while Avella and residents stood across the street holding signs and chanting "spa's gotta go!" The residents said the facility, which got a special permit from the city to operate in a light manufacturing zone, brings too much traffic to already clogged streets.

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May 17, 2007

Westin La Paloma Spa Taps "Free" Tucson Water

An 80-minute Sea Spa Escape at the Westin La Paloma Resort & Spa (Tucson, Arizona) costs $225. A 25-minute Hydrating Milk Aqua Bath is $58. Even a 15-minute Vichy Shower costs $35.  The cost to La Paloma for all that water? Nothing, apparently. 
When the spa was built in 2000, no one installed a meter. The spa taps directly into a Tucson Water main.  Tucson Water spokesman Mitch Basefsky said it appears to be an illegal connection, and the water department is investigating how it occurred.

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May 14, 2007

Patients Warned to Check Medi-spas Before Treatment

People used to go to salons for beauty treatments. Now more Americans are heading to medi-spas. Since 1999, the number of these spas has grown from just one to more than 2000. But the procedures performed can be dangerous.

It seems they are popping up all over Houston and their ads are everywhere. Medi-spas offer the latest trends in cosmetic procedures, including one that uses a laser. It gets so hot, it can permanently zap unwanted hair or dark spots on your skin. Sounds simple, but it can come with a cost. "The dermatologist told me I had second degree burns," said one customer.

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April 19, 2007

When the term "spa" means nothing

The term “spa” can cover a myriad of very different types of facilities, from - at one end of the spectrum - tanning and nail salons that self-identify as spas, to - at the other end the spectrum - luxury destination resorts that offer everything from aromatherapy to Zen. Being so loosely applied, the word “spa” now runs the risk of meaning absolutely nothing, points out a new study published by Diagonal Reports.