Sec. 42-282. Required disclosures by diet companies. Required provisions in diet program contracts.
Sec. 42-282. Required disclosures by diet companies. Required provisions in
diet program contracts. (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 physician 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.)
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.