47-18-1202 - Prohibited acts. - Tennessee Statutes

47-18-1202. Prohibited acts.

It is unlawful for any person to do any of the following in connection with the sale, lease, rental, offer to sell, lease, rent or other disposition of water treatment devices:

     (1)  Make any untrue or misleading oral or written statements regarding the presence of one (1) or more contaminants in drinking water, or the performance of water treatment devices, including, but not limited to, the following oral or written statements:

          (A)  Any contaminant exists or may exist in the drinking water of any person to whom the statement is directed unless the statement is reasonably based on factual data;

          (B)  A relationship between water quality and acute or chronic illness exists as a scientific certainty unless that statement is reasonably based on factual data;

          (C)  The public water system, utility, or treatment plant that supplies drinking water to the person to whom the statement is directed does not test, treat or remove particular contaminants actually present in the water unless the statement is reasonably based on factual data;

          (D)  The drinking water supplied by the public water system, utility or treatment plant to the person to whom the statement is directed is or may be unsafe to drink unless the statement is reasonably based on factual data;

          (E)  A water treatment device removes particular contaminants from drinking water unless the statement is reasonably based on factual data in existence at the time the statement is made;

          (F)  Use news events, reports or descriptions of water problems or health hazards associated with water systems or suppliers in a false or misleading manner;

          (G)  A water treatment device would provide a health benefit or diminish a health risk unless the statement is reasonably based on factual data; and

          (H)  A water treatment device will solve or contribute to the solution of any problem unless the statement is reasonably based on factual data;

     (2)  Make any statement about the ability of a water treatment device to remove particular contaminants in such a manner as to imply falsely that any of those contaminants are present in excess of permitted levels in the drinking water of the person to whom the statement is made;

     (3)  Perform tests or demonstrations of the individual consumer's drinking water without also clearly informing the consumer of the results, scope and limits of the test or demonstration;

     (4)  Use pictures, exhibits, graphs, charts, other graphic portrayals, endorsements or testimonials in a false or misleading manner;

     (5)  Fail to disclose clearly and conspicuously, in writing, to the purchaser, lessee or renter, the importance of maintaining the water treatment device according to the manufacturer's instructions, including, if applicable, the replacement of screens and filters. In addition, a separate printed gummed label, tag or other convenient form of reminder of the importance of proper maintenance shall be provided to the purchaser, lessee or renter;

     (6)  Represent expressly or implicitly that the person is authorized by, or associated in any manner with, a governmental agency without the express written authorization of that agency; or

     (7)  Represent an expected life of a water treatment device or component thereof unless it is reasonably based on factual data.

[Acts 1989, ch. 367, § 2.]