Ms. Olsen

Spas, Health & Fitness

Are You Making Claims That Could Land You in Court?

By Casey Olsen, Owner, Spa Sources

In the late 70's to the early 80's the American spas took what was to date a more European hot water approach and melded pampering treatments with exercise and diet facilities and beauty regimens. We saw the validity of combining a total wellness concept rather than segregating these aspects.

During this evolution, cosmetic manufacturers saw this emerging opportunity to create a more spa focused product rather than just mass produced department store cosmetic lines. Fitness equipment manufacturers emerged with more and more sophisticated lines to meet the growing demand for our body conscious society. And, most importantly, stress became the key word in disease prevention analogies.

In the 21st century, American spas have had over 20 years in development and have expanded to a more sophisticated venue. But by creating this menu of enticing services, have spa managers and product companies traveled too far in their claims? I think today's spa guest well understands, for example, that by applying a daily moisturizer helps to keep the skin healthy, but will not reverse the aging process. When a spa list of services makes unrealistic claims such as this, or, stating that a product or a treatment will cure your ailment, you begin to tread dangerously in the liability arena.

Whereas, we know that exercising will indeed show positive results, treatments such as facials, massages, wraps and scrubs show no definitive immediate physical adjustments except for relaxation. Stating that a cream will eliminate cellulite is a risky comment. Purporting that repeated skin care regimes will eliminate wrinkles is also a step towards the unrealistic.

Unfortunately, we live in a litigious world and the unhappy guest that challenges your claims in court is becoming a reality. Numerous resorts now have to defend their miracle claims with legitimate studies supporting their beauty assertions. There is a general feeling among the public that they are so deluged with untruths infiltrating their own living rooms through television ads, that this has given rise to intolerance. Your spa is supposed to deliver to your guest an escape from the maddening world. By alleging product and treatment untruths, you actually diminish that respite.

Claims often made regarding the hot stone massage state that this therapy "soothes, relaxes and also stimulates and opens the energy centers of the body." Certainly, this demonstrates a clear assertion that is actually quite vague. Exactly where are the energy centers of the body? And how are they opened when warm rocks are placed on them? What scientific data do we have to show that this actually occurs, and, if indeed this happens, are we sure that "opening the energy centers of the body" is a good thing?

One tropical spa claims that a pre-natal massage "promotes circulation and relaxes both mother and child." Is an increase in circulation really a relaxing feeling to a baby, and how do we know this? How about the "Multi-Vitamin Power Facial" which alleges that it "prevents aging and fights free radicals."

Free radicals are highly reactive compounds that are created in the body during normal metabolic functions or introduced from the environment. Free radicals are inherently unstable, since they contain "extra" energy. To reduce their energy load, free radicals react with certain chemicals in the body, and in the process, interfere with the cells' ability to function normally. Antioxidants work in several ways: They may reduce the energy of the free radical, stop the free radical from forming in the first place, or interrupt an oxidizing chain reaction to minimize the damage caused by free radicals.

The body produces several antioxidant enzymes, including superoxide dismutase (SOD), catalase, and glutathione peroxides that neutralize many types of free radicals. Supplements of these enzymes are available for oral administration, however, their absorption is probably minimal at best even when taken orally, certainly a lower chance of absorption, if at all, is expected when applied topically. So, knowing what we now know about free-radicals, making a declaration that the "Multi-Vitamin Power Facial" fights these free-radicals is certainly, at the very least, overstating its benefits.

At another well known health spa facility there's the Cellex-C Facial maintaining a "Patented formula by the Cellex-C Corporation clinically proven to penetrate the skin to the level where elastin stimulation can take place." By saying that the product is "clinically proven to penetrate the skin" is an example of a spa manager using the verbiage supplied by the product vendor referring to their product. This is the most common mistake made by the spa staff in writing the spa menu of services.

The "Epicurean Rose Lifting Facial" offered at one luxury spa professes that with the use of protein enzymes your skin will be toned and lifted. The issue here is "lifted" and "protein enzymes." The first contention is the life of the protein enzyme. How are they maintained in the cream as active, thus useful? And if cream actually "lifts" the skin, this product would be headline news on every network worldwide!

To any one who has experienced a massage or facial, there is no doubt that they benefit the guest. Declaring miracle results is not at all necessary. Your guest almost always feels simply great, and, with that result your spa is a success. In fact, alleging more than we can possibly deliver not only opens the door for a potential problem, but gives the guest a platform for a complaint.

Through the years as I toured guests through my spa facilities I would of course make mention of the wonderful products that we offered and always stated to the visitor that "We all know that nothing short of cosmetic surgery will make you look 10 years younger, but attention to sun screen and healthy living will help slow the process and that this spa only offers legitimate therapies for your relaxation." In every instance, the guest I was touring laughed and said that it was refreshing to finally hear the truth, which of course they already knew!

Casey Olsen is the principal owner of Spa Sources, a comprehensive health spa consulting firm. With 23 years of Spa Design and Review, Management, Staffing, Marketing, Budgets and Forecasts, Complete Spa Operation Set-up, Liability Guidance, Accounting, Equipment and Product Identification, Spa Sources provides comprehensive assistance in the creation of new, and the renewal of existing spa facilities. As one of the industry's foremost health spa consultants, Ms. Olsen provides invaluable guidance to developers planning their luxury resorts that include a health spa facility. Ms. Olsen can be contacted at 760 341-3311 or spasources@earthlink.net Extended Bio...

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