A diet company shall not:

(1) Make any written representation regarding the safety of any diet program providing less than one thousand calories per day unless the diet company provides conspicuous disclosure that a physician is monitoring the program for health risks;

(2) Misrepresent the likelihood that the consumer will regain all or a significant portion of the initial weight loss;

(3) Represent the success of consumers in achieving weight loss or maintaining weight control unless the diet company possesses and relies upon competent and reliable scientific evidence substantiating the representation and the diet company uses a representative sampling of consumers who have properly used the product or service for more than two weeks, but not including consumers who were unable to use the product or service for the period of time recommended by the diet company due to illness, pregnancy or change of residence;

(4) Represent that weight loss will be maintained for an extended period of time unless the diet company has evidence from a representative sampling of consumers who have properly used the diet company's product or service for more than two weeks, but not including consumers who were unable to use the product or service for the period of time recommended by the diet company due to illness, pregnancy or change of residence, that weight loss was maintained by at least two-thirds of such consumers of such diet company's product or service for at least two years after such time period; or

(5) Represent that weight loss will be maintained permanently unless the diet company has evidence from a representative sampling of consumers who have properly used the diet company's product or service for more than two weeks, but not including consumers who were unable to use the product or service for the period of time recommended by the diet company due to illness, pregnancy or change of residence, that weight loss was maintained by a majority of the consumers for a period of time which is either (A) recognized by experts in the field of obesity or (B) demonstrated by competent and reliable survey evidence, as being of sufficient length to constitute a reasonable basis for predicting permanent weight loss.

(P.A. 96-126, S. 2; P.A. 97-105, S. 2.)

History: P.A. 97-105 amended Subdivs. (3), (4) and (5) by adding provision re use of product or service for more than two weeks, but not including consumers unable to use the product or service due to illness, pregnancy or change of residence.