There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 217 FOODS, DRUGS, AND POISONS
217.105 When advertising deemed false.
Download pdfblood 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.
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