§ 643 — Deceptive practices

§ 643. Deceptive practices. It shall be a deceptive trade practice for\nany person, firm or corporation offering or providing weight loss\nservices or weight loss products to misrepresent, directly or\nindirectly:\n 1. the potential health risks of the weight loss services or products\noffered;\n 2. the success of participants using the weight loss services or\nproducts offered in achieving or maintaining weight loss or weight\ncontrol. Any representation of successful weight loss or weight control\nby participants will be considered misleading if the person, firm or\ncorporation does not possess or rely upon a reasonable basis for the\nrepresentation at the time it is disseminated. If a claim is made that\nscientific evidence supports the representation, the person, firm or\ncorporation must possess competent and reliable scientific evidence\nsubstantiating such claim. For the purposes of this subdivision,\n"competent and reliable scientific evidence" shall mean those tests,\nanalyses, research, studies or other evidence based on the expertise of\nprofessionals in the relevant area, that have been conducted and\nevaluated in an objective manner by persons qualified to do so, using\nprocedures generally accepted in the profession to yield accurate and\nreliable results;\n 3. the educational and professional experience of the personnel\nproviding weight loss services or weight loss products;\n 4. the total charges for any weight loss services and products; or\n 5. the actual or estimated duration of the use of the weight loss\nservices or products offered.\n