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Who cares
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Sponsors
2 Co-sponsors
History
- Referred to consumer protection
- Referred to consumer protection
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to requiring persons offering weight loss services to provide notice of certain risks
Purpose
To provide consumers with guidance and protection when choosing weight loss services and products.
Summary of provisions
Requires anyone selling or offering to sell weight loss services or weight loss services and products as defined in the bill, in New York State to provide the following information in some written form: WEIGHT LOSS AND DIETING INFORMATION 1. WARNING! Rapid weight loss may cause serious health problems. Rapid weight loss is weight loss of more than 1 1/2 to two lbs. per week or weight loss of more than one percent of body weight per week after the second week of participation in a weight loss program. 2. Consult your physician before starting any weight loss program or using any diet medications or formulas. 3. Long term weight control is the safest and most important goal of any diet program. Permanent lifestyle changes such as eating nutritious foods and increasing physical activity help promote long term weight loss according to medical experts. 4. Ask the person providing or selling you weight loss advice or diet products, medications or formulas about their qualifications and training in nutrition and health. 5. You have the right to: (i) Ask questions about the potential health risks of this program or product, 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 of the program recommended to you. Defines weight loss services, products and direct sellers. Specifies how the notice is to be provided. Exempts direct sellers, retail stores and pharmacies that sell weight loss products unless they also provide services or recommend the use of weight loss products. Exempts anyone providing weight loss services incidental to their primary professional activities. Defines deceptive practices for sellers of weight loss services and products. Grandfathers existing NYC notice rules and allows for other local laws. Establishes civil penalties for violations.
Read the full memo (634 words)
Justification
Millions of New Yorkers have tried or are trying to lose weight for medical and cosmetic reasons. It is estimated that diet- ers across the nation are spending as much as $33 billion each year on diet programs and products. Unfortunately the results of medical research about the safety and effectiveness of diet programs are often vague and even contradictory. This makes it difficult for consumers to decide what programs and products to use. Success rates for most programs are very low. Most experts now recommend long-term weight control by making permanent changes in eating habits and increasing physical activity as opposed to quick fix diets. Many programs and products are offered or promoted by celebrities, health "experts", store clerks and others who have no background or training in nutrition and health. Those offering the services sometimes advertise quick solutions that may be risky. The information and protection from deceptive practices required by this proposal help consumers make a more informed choice before spending their money on weight loss. Legitimate programs and businesses should have no reason to be concerned about providing this guidance to their customers. Diet centers in NYC are already required to post similar information for their clients.
Legislative history
2008: S.8026 - Referred to Codes. 2006: A.3716 - Referred to Consumer Protection. 2004: A.586 - Referred to Consumer Protection. 2002: S.1255 - Referred to Consumer Protection/A.820 - Referred to Consumer Protection. 2000: S.1139 - Referred to Consumer Protection/A.5958 - Referred to Consumer Protection. 1998: S.1245-B/S.6104-B
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.