N.Y. General Business Law § 350-h: Water treatment units

§ 350-h. Water treatment units. 1. No person shall sell, offer for

sale, rent, lease or possess for the purpose of resale or distribution

any water treatment unit for use in this state unless each water

treatment unit has a conspicuous and legible label stating, "IMPORTANT

NOTICE, Read the Performance Data Sheet." and is accompanied by a

performance data sheet placed on, in, or otherwise made a part of the

containers or wrappers of such units.

2. No person, firm or corporation shall engage in the following

practices in the sale, offer for sale, rental, lease or other

distribution of water treatment units, as defined in section three

hundred fifty-g of this article:

a. Make materially false or misleading claims concerning the quality

of a prospective purchaser's public water supply or private well water;

b. Make materially false or misleading claims which state the kind and

degree of problems caused by water from a public water supply;

c. Make materially false or misleading claims that state or clearly

imply scientific certainty regarding the relationship between acute or

chronic illnesses and water quality, unless based on valid scientific

studies;

d. Make product performance claims and product benefit claims unless

such claims are based on factual data obtained from tests conducted by a

qualified laboratory following scientifically valid test procedures, and

for which data is in existence at the time such claims are made;

e. Make uses of pictures, exhibits, graphs, charts or other graphic

portrayals in advertisements in a materially false or misleading manner;

f. Make materially false or misleading claims that state or clearly

imply that serious harm may or will occur or be prevented if the product

is not purchased, or may or will be prevented if the product is

purchased;

g. State or clearly imply that the water flowing from a water

treatment unit is pure unless such water meets or exceeds all federal or

state drinking water guidelines and maximum contaminant levels;

h. Make claims that state or clearly imply that a water treatment unit

would provide a health benefit or diminish a health risk unless

reasonably defined;

i. Make materially false or misleading statements that the

contaminants reduced by a water treatment unit are present in excess of

permitted levels in the drinking water of the person to whom the

statement is made;

j. Make use of endorsements or testimonials which do not state the

qualifications of the person giving them; are materially false or

misleading; or which do not accurately reflect the context in which they

were made or given;

k. Knowingly omit facts from advertisements to mislead or to

misrepresent;

l. Make use of tests or test results of a consumer's drinking water in

a materially false or misleading manner in order to induce a person to

purchase a water treatment unit; or

m. Make materially false or misleading claims that the following

characteristics are in and of themselves health-threatening contaminants

or contaminations: color, odor, taste, corrosivity, pH, total dissolved

solids, turbidity, hardness, iron, manganese, sodium, chlorine, sulfate,

zinc, copper, foaming agents, or chloride, unless designated to be a

primary contaminant by the United States Environmental Protection

Agency, or if existing characteristics exceed any federal or state

drinking water guidelines or maximum contaminant levels.