(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b) (1) (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions:
(i) Albuminuria;
(ii) Appendicitis;
(iii) Arteriosclerosis;
(iv) Blood poison;
(v) Bone disease;
(vi) Bright's disease;
(vii) Cancer;
(viii) Carbuncles;
(ix) Cholecystitis;
(x) Diabetes;
(xi) Diphtheria;
(xii) Dropsy;
(xiii) Erysipelas;
(xiv) Gallstones;
(xv) Heart and vascular diseases;
(xvi) High blood pressure;
(xvii) Mastoiditis;
(xviii) Measles;
(xix) Meningitis;
(xx) Mumps;
(xxi) Nephritis;
(xxii) Otitis media;
(xxiii) Paralysis;
(xxiv) Pneumonia;
(xxv) Poliomyelitis or infantile paralysis;
(xxvi) Prostate gland disorders;
(xxvii) Pyelitis;
(xxviii) Scarlet fever;
(xxix) Sexual impotence;
(xxx) Sexually transmitted disease;
(xxxi) Sinus infection;
(xxxii) Smallpox;
(xxxiii) Tuberculosis;
(xxxiv) Tumors;
(xxxv) Typhoid; or
(xxxvi) Uremia.
(B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.
(2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health.
(3) This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
Section: Previous 20-56-207 20-56-208 20-56-209 20-56-210 20-56-211 20-56-212 20-56-213 20-56-214 20-56-215 20-56-216 20-56-217 20-56-218 20-56-219 20-56-220 20-56-221 NextLast modified: November 15, 2016