Senate Bill S3764

Signed By Governor
2021-2022 Legislative Session

Requires persons offering weight loss services to provide notice of certain weight loss and dieting information

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A3173 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S3764 (ACTIVE) - Details

See Assembly Version of this Bill:
A3173
Law Section:
General Business Law
Laws Affected:
Add Art 30-B §§641 - 645, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3302
2011-2012: A1953
2013-2014: A6259
2015-2016: A6010
2017-2018: A6767
2019-2020: S8876, A6884

2021-S3764 (ACTIVE) - Summary

Requires persons selling or offering to sell weight loss services or weight loss products to provide consumers with a weight loss and dieting information notice; sets forth such notice shall include the dangers of rapid weight loss, dieting information, and risks associated with certain medications used with weight loss programs; delineates deceptive practices; provides for penalties, including fines and injunctions

2021-S3764 (ACTIVE) - Sponsor Memo

2021-S3764 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3764
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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:
 
   Section 1. The general business law is amended by adding a new article
 30-B to read as follows:
                                ARTICLE 30-B
                           WEIGHT LOSS SERVICES
 SECTION 641. WEIGHT LOSS SERVICES AND PRODUCTS.
         642. WEIGHT LOSS SERVICES; NOTICE.
         643. DECEPTIVE PRACTICES.
         644. LOCAL REGULATION.
         645. PENALTIES.
   §  641.  WEIGHT  LOSS  SERVICES AND PRODUCTS. FOR THE PURPOSES OF THIS
 ARTICLE:
   1. "WEIGHT LOSS SERVICES" SHALL MEAN COUNSELING AND EDUCATIONAL ACTIV-
 ITIES, INCLUDING, BUT NOT LIMITED TO, RECOMMENDING  THE  USE  OF  WEIGHT
 LOSS  PRODUCTS,  WHICH  HAVE  THE PRIMARY PURPOSE OF HELPING INDIVIDUALS
 REDUCE BODY WEIGHT.   WEIGHT LOSS SERVICES DOES  NOT  INCLUDE  PROVIDING
 INFORMATION  TO  THE PUBLIC REGARDING INDIVIDUAL WEIGHT LOSS PRODUCTS IF
 THE PERSON, FIRM OR CORPORATION IS NOT ALSO ENGAGED IN COUNSELING ACTIV-
 ITIES.
   2. "WEIGHT LOSS PRODUCTS" SHALL MEAN ANY FOODS, INGREDIENTS OR  COMPO-
 NENTS OF FOODS, NUTRITIONAL FORMULAS OR SUPPLEMENTS, DRUGS, EQUIPMENT OR
 ANY  OTHER  PRODUCTS  SOLD OR OFFERED FOR THE PRIMARY PURPOSE OF HELPING
 INDIVIDUALS REDUCE BODY WEIGHT.
   3. "DIRECT SELLER" SHALL MEAN ANY PERSON IF (A)  SUCH  PERSON  IS  (I)
 ENGAGED  IN  THE  TRADE OR BUSINESS OF SELLING OR SOLICITING THE SALE OF
 CONSUMER PRODUCTS TO ANY BUYER ON A BUY-SELL BASIS OR A  DEPOSIT-COMMIS-
 SION  BASIS  FOR  RESALE BY THE BUYER OR ANY OTHER PERSON IN THE HOME OR
 OTHERWISE THAN IN A PERMANENT RETAIL ESTABLISHMENT, OR (II)  ENGAGED  IN
              

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