New York A 6884: Requires persons offering weight loss services to provide notice of certain weight loss and dieting information

Bill Text

STATE OF NEW YORK
________________________________________________________________________
6884
2019-2020 Regular Sessions
IN ASSEMBLY
March 25, 2019
___________
Introduced by M. of A. COOK, ORTIZ, ZEBROWSKI -- Multi-Sponsored by --
M. of A. COLTON, CYMBROWITZ, DINOWITZ, GLICK, RIVERA, SIMON, SOLAGES
-- read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to requiring
persons offering weight loss services to provide notice of certain
risks
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 30-B to read as follows:
3 ARTICLE 30-B
4 WEIGHT LOSS SERVICES
5 Section 641. Weight loss services and products.
6 642. Weight loss services; notice.
7 643. Deceptive practices.
8 644. Local regulation.
9 645. Penalties.
10 § 641. Weight loss services and products. For the purposes of this
11 article:
12 1. "Weight loss services" shall mean counseling and educational activ-
13 ities, including, but not limited to, recommending the use of weight
14 loss products, which have the primary purpose of helping individuals
15 reduce body weight. Weight loss services does not include providing
16 information to the public regarding individual weight loss products if
17 the person, firm or corporation is not also engaged in counseling activ-
18 ities.
19 2. "Weight loss products" shall mean any foods, ingredients or compo-
20 nents of foods, nutritional formulas or supplements, drugs, equipment or
21 any other products sold or offered for the primary purpose of helping
22 individuals reduce body weight.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD08044-01-9

A. 6884 2
1 3. "Direct seller" shall mean any person if (a) such person is (i)
2 engaged in the trade or business of selling or soliciting the sale of
3 consumer products to any buyer on a buy-sell basis or a deposit-commis-
4 sion basis for resale by the buyer or any other person in the home or
5 otherwise than in a permanent retail establishment, or (ii) engaged in
6 the trade or business of selling or soliciting the sale of consumer
7 products in the home or otherwise than in a permanent retail establish-
8 ment;
9 (b) substantially all the remuneration, whether or not paid in cash,
10 for the performance of the services described in paragraph (a) of this
11 subdivision is directly related to sales or other output, including the
12 performance of services, rather than to the number of hours worked; and
13 (c) the services performed by the person are performed pursuant to a
14 written contract between such person and the person for whom the
15 services are performed and such contract provides that the person will
16 not be treated as an employee with respect to such services for state
17 and federal tax purposes.
18 § 642. Weight loss services; notice. 1. Any person, firm or corpo-
19 ration offering weight loss services or weight loss services and
20 products in this state by means of selling or offering to sell such
21 services or products to the public shall either (i) conspicuously post a
22 sign, measuring at least nine inches by fourteen inches, where consumers
23 are offered the services or products, in writing, in at least ten point
24 print, or (ii) provide in writing, in at least ten point print, to indi-
25 viduals and consumers prior to the purchase of such goods or services
26 the following notice or some other notice which substantially contains
27 or provides the following information.
28 WEIGHT LOSS AND DIETING INFORMATION
29 a. WARNING! Rapid weight loss may cause serious health problems. Rapid
30 weight loss is weight loss of more than 1 1/2 to 2 pounds per week or
31 weight loss of more than 1 percent of body weight per week after the
32 second week of participation in a weight loss program.
33 b. Consult your physician before starting any weight loss program or
34 using any diet medications or formulas.
35 c. Long term weight control is the safest and most important goal of
36 any diet program. Permanent lifestyle changes such as eating nutritious
37 foods, calorie control and increasing physical activity help promote
38 long term weight loss according to medical experts.
39 d. Ask the person providing or selling you weight loss advice or diet
40 products, medications or formulas about their qualifications and train-
41 ing in nutrition and health.
42 e. You have the right to:
43 (i) Ask questions about the potential health risks of this program or
44 product, its nutritional content, and its psychological-support and
45 educational components;
46 (ii) Know the price of treatment, including the price of any extra
47 products, services, supplements and laboratory tests; and
48 (iii) Know the program duration of the program recommended to you.
49 2. The provisions of this section shall not apply to direct s