N.Y. General Business Law § 643: Deceptive practices

§ 643. Deceptive practices. It shall be a deceptive trade practice for

any person, firm or corporation offering or providing weight loss

services or weight loss products to misrepresent, directly or

indirectly:

1. the potential health risks of the weight loss services or products

offered;

2. the success of participants using the weight loss services or

products offered in achieving or maintaining weight loss or weight

control. Any representation of successful weight loss or weight control

by participants will be considered misleading if the person, firm or

corporation does not possess or rely upon a reasonable basis for the

representation at the time it is disseminated. If a claim is made that

scientific evidence supports the representation, the person, firm or

corporation must possess competent and reliable scientific evidence

substantiating such claim. For the purposes of this subdivision,

"competent and reliable scientific evidence" shall mean those tests,

analyses, research, studies or other evidence based on the expertise of

professionals in the relevant area, that have been conducted and

evaluated in an objective manner by persons qualified to do so, using

procedures generally accepted in the profession to yield accurate and

reliable results;

3. the educational and professional experience of the personnel

providing weight loss services or weight loss products;

4. the total charges for any weight loss services and products; or

5. the actual or estimated duration of the use of the weight loss

services or products offered.