126.16 - FALSE ADVERTISING.
126.16 FALSE ADVERTISING.
1. The advertising of a drug, device, or cosmetic is false if it
is false or misleading in any particular.
2. For the purpose of this chapter, advertising is false if it
represents a drug, device, or cosmetic to have any effect in the
diagnosis, prevention, or treatment of arthritis, blood disorders,
bone or joint diseases, kidney diseases or disorders, cancer,
diabetes, gall bladder disease or disorders, heart and vascular
disease, high blood pressure, diseases or disorders of the ear,
mental disease or mental retardation, degenerative neurological
diseases, paralysis, prostate gland disorders, conditions of the
scalp affecting hair loss, baldness, endocrine disorders, sexual
impotence, tumors, venereal diseases, varicose ulcers, breast
enlargement, purifying blood, metabolic disorders, immune system
disorders or conditions affecting the immune system, extension of
life expectancy, stress and tension, brain stimulation or
performance, the body's natural defense mechanisms, blood flow, and
depression. However, advertising not in violation of subsection 1 is
not false under this subsection if it is disseminated only to members
of the medical, dental, or veterinary professions, or appears only in
the scientific periodicals of these professions, or is disseminated
only for the purpose of public health education by persons not
commercially interested, directly or indirectly, in the sale of such
drugs or devices. However, if the board determines that an advance
in medical science has made any type of self-medication safe as to
any of the diseases named in this subsection, the board shall by rule
authorize the advertising of drugs having curative or therapeutic
effect for such disease, subject to the conditions and restrictions
the board deems necessary in the interests of the public health.
However, this subsection does not indicate that self-medication for
diseases other than those named in this subsection is safe and
efficacious. Section History: Recent Form
89 Acts, ch 197, § 15
CS89, § 203B.16
C93, § 126.16