2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 1 - Tennessee Food, Drug and Cosmetic Act
Part 1 - General Provisions
53-1-113 - False advertising.

53-1-113. False advertising.

(a)  An advertisement of a food, drug, device or cosmetic shall be deemed to be 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 poison, bone disease, Bright's disease, cancer, carbuncles, cholocystitis, 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 disorder, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease, shall also be deemed to be false; provided, that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection (b) if it is disseminated only to members of the medical, dental, pharmaceutical or veterinary professions, or 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 the drugs or devices; provided, further, that, whenever the commissioner determines that an advance in medical science has made any type of self-medication safe as to any of the diseases listed in this subsection (b), the commissioner shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions that the commissioner may deem necessary in the interests of public health; provided, further, that this subsection (b) shall not be construed as indicating that self-medication for diseases other than those listed is safe or efficacious.

[Acts 1941, ch. 120, § 20; C. Supp. 1950, § 6580.20; T.C.A. (orig. ed.), § 52-120.]  

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