* § 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.

* NB Effective April 6, 2022