65-672. Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
65-672
65-672. Same; advertisements of food, drugs, devices or cosmeticsdeemed false, when.(a) An advertisement of a food, drug, device, or cosmetic shall bedeemed to be false if it is false or misleading in any particular.
(b) For the purpose of this act the advertisement of a drug or devicerepresenting it to have any effect in albuminuria, appendicitis,arteriosclerosis, blood poison, bone disease, Bright's disease, cancer,carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas,gallstones, heart and vascular diseases, high blood pressure, mastoiditis,measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia,poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis,scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis,tumors, typhoid, uremia, venereal disease, shall also be deemed to befalse, except that no advertisement not in violation of subsection (a)shall be deemed to be false under this subsection if it is disseminatedonly to a physician, dentist or veterinarian, or appears only in thescientific periodicals of these professions, or is disseminated only forthe purpose of public-health education by persons not commerciallyinterested, directly or indirectly, in the sale of such drugs or devices:Provided, That whenever the secretary determines that an advance inmedical science has made any type of self-medication safe as to any of thediseases named above, the secretary shall by regulation authorize theadvertisement of drugs having curative or therapeutic effect for suchdisease, subject to such condition and restriction as the secretary maydeem necessary in the interests of public health: Provided, That thissubsection shall not be construed as indicating that self-medication fordiseases other than those named herein is safe or efficacious.
History: L. 1953, ch. 286, § 18; L. 1974, ch. 352, §111; July 1.