Weight loss services; notice

§ 642. Weight loss services; notice. 1. Any person, firm or corporation offering weight loss services or weight loss services and products in this state by means of selling or offering to sell such services or products to the public shall either (i) conspicuously post a sign, measuring at least nine inches by fourteen inches, where consumers are offered the services or products, in writing, in at least ten point print, or (ii) provide in writing, in at least ten point print, to individuals and consumers prior to the purchase of such goods or services the following notice or some other notice which substantially contains or provides the following information. WEIGHT LOSS AND DIETING INFORMATION a. WARNING! Rapid weight loss may cause serious health problems. Rapid weight loss is weight loss of more than 1 1/2 to 2 pounds per week or weight loss of more than 1 percent of body weight per week after the second week of participation in a weight loss program. b. Consult your physician before starting any weight loss program or using any diet medications or formulas. c. Long term weight control is the safest and most important goal of any diet program. Permanent lifestyle changes such as eating nutritious foods, calorie control and increasing physical activity help promote long term weight loss according to medical experts. d. 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. e. 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. 2. The provisions of this section shall not apply to direct sellers, retail stores or pharmacies selling weight loss products and providing information to the public regarding individual products, unless such businesses offer both weight loss services and weight loss products. Furthermore, the provisions of this section shall not apply to weight loss services provided to an individual by any person, firm or corporation which provides weight loss services incidental to their primary professional services to such individual and which does not offer to sell weight loss services or weight loss products to the public.