N.Y. General Business Law § 642: Weight loss services; notice

§ 642. Weight loss services; notice. 1. Any person, firm or

corporation offering weight loss services or weight loss services and

products in this state by means of selling or offering to sell such

services or products to the public shall either (i) conspicuously post a

sign, measuring at least nine inches by fourteen inches, where consumers

are offered the services or products, in writing, in at least ten point

print, or (ii) provide in writing, in at least ten point print, to

individuals and consumers prior to the purchase of such goods or

services the following notice or some other notice which substantially

contains or provides the following information.

WEIGHT LOSS AND DIETING INFORMATION

a. WARNING! Rapid weight loss may cause serious health problems. Rapid

weight loss is weight loss of more than 1 1/2 to 2 pounds per week or

weight loss of more than 1 percent of body weight per week after the

second week of participation in a weight loss program.

b. Consult your physician before starting any weight loss program or

using any diet medications or formulas.

c. Long term weight control is the safest and most important goal of

any diet program. Permanent lifestyle changes such as eating nutritious

foods, calorie control and increasing physical activity help promote

long term weight loss according to medical experts.

d. Ask the person providing or selling you weight loss advice or diet

products, medications or formulas about their qualifications and

training in nutrition and health.

e. You have the right to:

(i) Ask questions about the potential health risks of this program or

product, its nutritional content, and its psychological-support and

educational components;

(ii) Know the price of treatment, including the price of any extra

products, services, supplements and laboratory tests; and

(iii) Know the program duration of the program recommended to you.

2. The provisions of this section shall not apply to direct sellers,

retail stores or pharmacies selling weight loss products and providing

information to the public regarding individual products, unless such

businesses offer both weight loss services and weight loss products.

Furthermore, the provisions of this section shall not apply to weight

loss services provided to an individual by any person, firm or

corporation which provides weight loss services incidental to their

primary professional services to such individual and which does not

offer to sell weight loss services or weight loss products to the

public.