House Bill No. 6713
House Bill No. 6713
PUBLIC ACT NO. 97-105
AN ACT CONCERNING DIET PROGRAMS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 42-280 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in sections 42-280 to 42-283,
inclusive, AS AMENDED BY THIS ACT:
(1) "Diet company" means any person, except a
hospital, engaged in the business of selling a
product or service, the primary purpose of which
is to cause weight loss in the person who uses the
product or service, but does not include (A) any
retailer whose sales of the diet product or
service is less than fifty per cent of the total
sales of the establishment, or (B) any health club
or other business whose primary focus is on
fitness; [and]
(2) "Consumer" means a person who uses a diet
company to cause weight loss; AND
(3) "DIET PROGRAM" MEANS ANY SERVICE OFFERED
BY A DIET COMPANY TO A CONSUMER, THE PURPOSE OF
WHICH IS TO REDUCE THE WEIGHT OF THE CONSUMER
PRIMARILY THROUGH A RESTRICTED DIET.
Sec. 2. Section 42-281 of the general statutes
is repealed and the following is substituted in
lieu thereof:
A diet company shall not:
(1) Make any written representation regarding
the safety of any diet program providing less than
one thousand calories per day unless the diet
company provides conspicuous disclosure that a
physician is monitoring the program for health
risks;
(2) Misrepresent the likelihood that the
consumer will regain all or a significant portion
of the initial weight loss;
(3) Represent the success of consumers in
achieving weight loss or maintaining weight
control unless the diet company possesses and
relies upon competent and reliable scientific
evidence substantiating the representation and the
diet company uses a representative sampling of
consumers who have properly used the 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;
(4) Represent that weight loss will be
maintained for an extended period of time unless
the diet company has evidence from a
representative sampling 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, that weight loss was maintained by
at least two-thirds of such consumers of such diet
company's product or service for at least two
years after such time period; or
(5) Represent that weight loss will be
maintained permanently unless the diet company has
evidence from a representative sampling 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, that
weight loss was maintained by a majority of the
consumers for a period of time which is either (A)
recognized by experts in the field of obesity or
(B) demonstrated by competent and reliable survey
evidence, as being of sufficient length to
constitute a reasonable basis for predicting
permanent weight loss.
Sec. 3. Section 42-282 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(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
DIETICIAN-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.
Approved June 6, 1997