§ 5-72 Commercial Weight Loss Center Practices.
RCNY § 5-72
(a)A "weight loss provider" is defined as any person or business entity who or which is primarily engaged in the business of offering services to consumers to assist them in losing weight.
(b)It is a deceptive trade practice for a weight loss provider to quote to a consumer a fixed or estimated cost for a weight loss program that is being recommended for the particular consumer without separately stating any additional charges the consumer may have to pay to purchase products, services, supplements or laboratory tests which are part of such program.
(c)It is a deceptive trade practice for a weight loss provider to recommend a weight loss program to a particular consumer without also disclosing the actual or estimated duration of the program.
(d)It is a deceptive trade practice for a weight loss provider to make any oral or written statement, visual description or other representation of any kind, including in any advertisement, which statement, description or representation has the capacity, tendency or effect of leading consumers to believe that the use of a product or treatment, or participation in a program, will result in weight loss unless the weight loss provider conspicuously posts the following statement in each of its weight loss establishments: (1) WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1 1/2 pounds to 2 pounds per week or weight loss of more than 1% of body weight per week after the second week of participation in a weight loss program.) (2) Consult your personal physician before starting any weight loss program.
(3)Only permanent lifestyle changes – such as making healthful food choices and increasing physical activity – promote long-term weight loss.
(4)Qualifications of this provider's staff are available on request.
(5)You have a right to: (i) ask questions about the potential health risks of this program, 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 that is being recommended for you.
(e)The above statement must be posted in a notice to the public at every temporary or permanent location of the weight loss provider. The notice must be conspicuously posted in every room in which a presentation is made, or in which a product or treatment is offered for sale, by the weight loss provider. The notice must be printed in letters at least as large as 36 point bold face type on a sign at least 22 1/2 inches wide by 17 1/2 inches long. The sign shall be entitled "Weight Loss Consumer Bill of Rights" which shall be printed in letters of 60 point bold face type.
(f)All the educational and professional experience of the weight loss provider's staff must be made available upon the request of any person.
(g)Every weight loss provider shall produce and distribute to all consumers who inquire about its weight loss program, a palm-sized card entitled "Weight Loss Consumer Bill of Rights", which shall contain the same information contained in the poster described in subdivision (d) above.
(h)Every weight loss provider shall post the sign described in subdivision (d) which shall be provided by the Department of Consumer Affairs, and shall reproduce and distribute the palm-sized card described in subdivision (g), in every location in which its program or product is promoted, presented or sold, and the weight loss provider must cause the posting of such sign and the distribution of such card by every agent, representative, franchisee and independent contractor at every location in which such agent, representative, franchisee or independent contractor promotes, presents or sells the weight loss provider's program or product.
(i)The sign described in subdivision d of this section and the palm-sized card described in subdivision g of this section must contain the name, address and telephone number of the Department of Consumer Affairs and the name of the Commissioner. The weight loss provider may include on the sign and the palm-sized card its name, address and telephone number, provided such information is printed in letters which are no larger than the smallest letters on the rest of the sign or palm-sized card, respectively. The sign shall not contain any information other than the information required or permitted by the provisions of this section.
