§ 350-H — Water treatment units

§ 350-h. Water treatment units. 1. No person shall sell, offer for\nsale, rent, lease or possess for the purpose of resale or distribution\nany water treatment unit for use in this state unless each water\ntreatment unit has a conspicuous and legible label stating, "IMPORTANT\nNOTICE, Read the Performance Data Sheet." and is accompanied by a\nperformance data sheet placed on, in, or otherwise made a part of the\ncontainers or wrappers of such units.\n 2. No person, firm or corporation shall engage in the following\npractices in the sale, offer for sale, rental, lease or other\ndistribution of water treatment units, as defined in section three\nhundred fifty-g of this article:\n a. Make materially false or misleading claims concerning the quality\nof a prospective purchaser's public water supply or private well water;\n b. Make materially false or misleading claims which state the kind and\ndegree of problems caused by water from a public water supply;\n c. Make materially false or misleading claims that state or clearly\nimply scientific certainty regarding the relationship between acute or\nchronic illnesses and water quality, unless based on valid scientific\nstudies;\n d. Make product performance claims and product benefit claims unless\nsuch claims are based on factual data obtained from tests conducted by a\nqualified laboratory following scientifically valid test procedures, and\nfor which data is in existence at the time such claims are made;\n e. Make uses of pictures, exhibits, graphs, charts or other graphic\nportrayals in advertisements in a materially false or misleading manner;\n f. Make materially false or misleading claims that state or clearly\nimply that serious harm may or will occur or be prevented if the product\nis not purchased, or may or will be prevented if the product is\npurchased;\n g. State or clearly imply that the water flowing from a water\ntreatment unit is pure unless such water meets or exceeds all federal or\nstate drinking water guidelines and maximum contaminant levels;\n h. Make claims that state or clearly imply that a water treatment unit\nwould provide a health benefit or diminish a health risk unless\nreasonably defined;\n i. Make materially false or misleading statements that the\ncontaminants reduced by a water treatment unit are present in excess of\npermitted levels in the drinking water of the person to whom the\nstatement is made;\n j. Make use of endorsements or testimonials which do not state the\nqualifications of the person giving them; are materially false or\nmisleading; or which do not accurately reflect the context in which they\nwere made or given;\n k. Knowingly omit facts from advertisements to mislead or to\nmisrepresent;\n l. Make use of tests or test results of a consumer's drinking water in\na materially false or misleading manner in order to induce a person to\npurchase a water treatment unit; or\n m. Make materially false or misleading claims that the following\ncharacteristics are in and of themselves health-threatening contaminants\nor contaminations: color, odor, taste, corrosivity, pH, total dissolved\nsolids, turbidity, hardness, iron, manganese, sodium, chlorine, sulfate,\nzinc, copper, foaming agents, or chloride, unless designated to be a\nprimary contaminant by the United States Environmental Protection\nAgency, or if existing characteristics exceed any federal or state\ndrinking water guidelines or maximum contaminant levels.\n