Title 26, Chapter 3, Section 13
( 26-3-13)
(a) An advertisement of a drug, device, or cosmetic shall be deemed
to be completely false if it is false or misleading in any
particular. (b) For the purpose of this chapter the advertisement of a drug or
device representing it to have any effect in albuminuria,
appendicitis, arteriosclerosis, blood poisoning, 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
or infantile paralysis, prostate gland disorders, pylelitis, scarlet
fever, sexual impotence, sinus infection, smallpox, tuberculosis,
tumors, typhoid, uremia, or venereal disease shall also be deemed to
be false, except that no advertisement not in violation of
subsection (a) of this Code section shall be deemed to be false
under this subsection if it is disseminated only to members of the
medical, dental, or veterinary professions, 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, provided that whenever the State Board of Pharmacy
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 regulation authorize the
advertisement of drugs having curative or therapeutic effect for
such disease subject to such conditions and restrictions as the
board may deem necessary in the interest 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. |