Download as PDF
217.105 When advertising deemed false.
(1)
(2)
An advertisement of a food, drug, device, or cosmetic shall be deemed to be
false if it is false or misleading in any particular.
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
