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This entry was published on 2022-04-08
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SECTION 643
Deceptive practices
General Business (GBS) CHAPTER 20, ARTICLE 30-B
§ 643. Deceptive practices. It shall be a deceptive trade practice for
any person, firm or corporation offering or providing weight loss
services or weight loss products to misrepresent, directly or
indirectly:

1. the potential health risks of the weight loss services or products
offered;

2. the success of participants using the weight loss services or
products offered in achieving or maintaining weight loss or weight
control. Any representation of successful weight loss or weight control
by participants will be considered misleading if the person, firm or
corporation does not possess or rely upon a reasonable basis for the
representation at the time it is disseminated. If a claim is made that
scientific evidence supports the representation, the person, firm or
corporation must possess competent and reliable scientific evidence
substantiating such claim. For the purposes of this subdivision,
"competent and reliable scientific evidence" shall mean those tests,
analyses, research, studies or other evidence based on the expertise of
professionals in the relevant area, that have been conducted and
evaluated in an objective manner by persons qualified to do so, using
procedures generally accepted in the profession to yield accurate and
reliable results;

3. the educational and professional experience of the personnel
providing weight loss services or weight loss products;

4. the total charges for any weight loss services and products; or

5. the actual or estimated duration of the use of the weight loss
services or products offered.