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217.105 When advertising deemed false.

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217.105 When advertising deemed false. (1) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (2) For the purpose of KRS 217.005 to 217.215 the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, <br>blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecytitis, <br>diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high <br>blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, <br>paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, <br>pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, <br>tumors, typhoid, uremia, venereal disease, shall also be deemed to be false, except <br>that no advertisement not in violation of subsection (1) of this section shall be <br>deemed to be false under this subsection if it is disseminated only to practitioners or <br>appears only in the scientific periodicals of these practitioners, or is disseminated <br>only for the purpose of public health education by persons not commercially <br>interested, directly or indirectly, in the sale of such drugs or devices; provided that <br>whenever the secretary determines that an advance in medical science has made any <br>type of self-medication safe as to any of the diseases named above, the secretary <br>shall by regulation authorize the advertisement of drugs having curative or <br>therapeutic effect for such disease, subject to such conditions and restrictions as the <br>secretary may deem necessary in the interests of public health; provided that this <br>subsection shall not be construed as indicating that self-medication for diseases <br>other than those named herein is safe or efficacious. Effective: <br>History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1960 Ky. Acts ch. 247, sec. 11.