Section 350-H. Water treatment units  


Latest version.
  • 1. No person shall sell, offer for
      sale, rent, lease or possess for the purpose of resale  or  distribution
      any  water  treatment  unit  for  use  in  this  state unless each water
      treatment unit has a conspicuous and legible label  stating,  "IMPORTANT
      NOTICE,  Read  the  Performance  Data  Sheet."  and  is accompanied by a
      performance data sheet placed on, in, or otherwise made a  part  of  the
      containers or wrappers of such units.
        2.  No  person,  firm  or  corporation  shall  engage in the following
      practices  in  the  sale,  offer  for  sale,  rental,  lease  or   other
      distribution  of  water  treatment  units,  as  defined in section three
      hundred fifty-g of this article:
        a. Make materially false or misleading claims concerning  the  quality
      of a prospective purchaser's public water supply or private well water;
        b. Make materially false or misleading claims which state the kind and
      degree of problems caused by water from a public water supply;
        c.  Make  materially  false or misleading claims that state or clearly
      imply scientific certainty regarding the relationship between  acute  or
      chronic  illnesses  and  water quality, unless based on valid scientific
      studies;
        d. Make product performance claims and product benefit  claims  unless
      such claims are based on factual data obtained from tests conducted by a
      qualified laboratory following scientifically valid test procedures, and
      for which data is in existence at the time such claims are made;
        e.  Make  uses  of pictures, exhibits, graphs, charts or other graphic
      portrayals in advertisements in a materially false or misleading manner;
        f. Make materially false or misleading claims that  state  or  clearly
      imply that serious harm may or will occur or be prevented if the product
      is  not  purchased,  or  may  or  will  be  prevented  if the product is
      purchased;
        g. State or  clearly  imply  that  the  water  flowing  from  a  water
      treatment unit is pure unless such water meets or exceeds all federal or
      state drinking water guidelines and maximum contaminant levels;
        h. Make claims that state or clearly imply that a water treatment unit
      would  provide  a  health  benefit  or  diminish  a  health  risk unless
      reasonably defined;
        i.  Make  materially  false  or   misleading   statements   that   the
      contaminants  reduced by a water treatment unit are present in excess of
      permitted levels in the  drinking  water  of  the  person  to  whom  the
      statement is made;
        j.  Make  use  of  endorsements or testimonials which do not state the
      qualifications of the  person  giving  them;  are  materially  false  or
      misleading; or which do not accurately reflect the context in which they
      were made or given;
        k.   Knowingly  omit  facts  from  advertisements  to  mislead  or  to
      misrepresent;
        l. Make use of tests or test results of a consumer's drinking water in
      a materially false or misleading manner in order to induce a  person  to
      purchase a water treatment unit; or
        m.  Make  materially  false  or  misleading  claims that the following
      characteristics are in and of themselves health-threatening contaminants
      or contaminations: color, odor, taste, corrosivity, pH, total  dissolved
      solids, turbidity, hardness, iron, manganese, sodium, chlorine, sulfate,
      zinc,  copper,  foaming  agents,  or chloride, unless designated to be a
      primary  contaminant  by  the  United  States  Environmental  Protection
      Agency,  or  if  existing  characteristics  exceed  any federal or state
      drinking water guidelines or maximum contaminant levels.