217.105 When advertising deemed false. - Kentucky Statutes

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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,
blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecytitis,
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 be false, except
that no advertisement not in violation of subsection (1) of this section shall be
deemed to be false under this subsection if it is disseminated only to practitioners or
appears only in the scientific periodicals of these practitioners, 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; provided that
whenever the secretary determines that an advance in medical science has made any
type of self-medication safe as to any of the diseases named above, the secretary
shall by regulation authorize the advertisement of drugs having curative or
therapeutic effect for such disease, subject to such conditions and restrictions as the
secretary may deem necessary in the interests of public health; provided that this
subsection shall not be construed as indicating that self-medication for diseases
other than those named herein is safe or efficacious. Effective:
History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1960 Ky. Acts ch. 247, sec. 11.