(a) Any written representation by a diet company that consumers have successfully maintained weight loss must include in clear and conspicuous type and in close proximity to such representation: (1) The average percentage of weight loss maintained by a representative sample 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; (2) the average length of time weight loss was maintained after such consumers completed use of the product or service, including any maintenance program; (3) if the sample consumer population is not representative of the entire consumer population, the percentage of the entire consumer population which constitutes the sample consumer population or a statement substantially similar to the following: “These results are not representative of the entire population which properly used the product or service”; and (4) the statement “For Many Dieters, Weight Loss is Temporary”, provided, the diet company shall not represent that the statement does not apply to consumers of their product or service.

(b) Each diet program contract shall provide the consumer with (1) the right to cancel such contract, without liability, within three business days after the date of receipt by the consumer of a copy of the signed contract; (2) the estimated duration of the diet program necessary to achieve the desired weight loss and all estimated costs of the contract, including, but not limited to, the contract price and the estimated monthly cost of any goods or services required to be purchased under the contract; (3) a list of dietitian-nutritionists, advanced practice registered nurses, registered nurses, physicians or physician assistants employed by or under contract with the diet company who are licensed or certified by the Commissioner of Public Health and who monitor the consumer during the diet program; and (4) the right to cancel the contract if (A) the consumer provides a letter from a licensed physician or a licensed advanced practice registered nurse indicating that continuation of the diet program is adverse to the health of the consumer or (B) the consumer relocates his residence further than twenty-five miles from any facility which the consumer is required to attend under the diet program. If a diet program contract is cancelled by the consumer pursuant to subdivision (4) of this subsection, the consumer shall be reimbursed on a pro-rata basis for the portion of the contract price paid by the consumer that is attributable to the unused contract period.

(P.A. 96-126, S. 3; P.A. 97-105, S. 3; P.A. 16-39, S. 68.)

History: P.A. 97-105 designated existing provisions as Subsec. (a), added provision to Subsec. (a) 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 and added Subsec. (b) re diet program contracts; P.A. 16-39 amended Subsec. (b)(4)(A) by replacing “physician” with “licensed physician” and adding reference to licensed advanced practice registered nurse.