A. An advertisement of a drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular.
B. For the purpose of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] 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, cholecystitis, 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, small pox [smallpox], tuberculosis, tumors, typhoid, uremia, veneral [venereal] disease, shall also be deemed to be false, except that no advertisement not in violation of Subsection A shall be deemed to be false under this subsection if it is disseminated only to members of the pharmacy, medical, dental or veterinary profession or appears only in the scientific periodicals of those 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 board determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, [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 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.
C. In the case of any dangerous drug distributed or offered for sale in this state by a manufacturer, packer, distributor or retailer, all advertisement with respect to that drug shall contain a true statement of the established or official name, together with any trade or brand name; the formula as represented on the label, in the same order of listing and with all listed warnings and cautions; the dosage form and strength; such other information in brief summary relating to its use, side effects, contraindications and the name of the manufacturer, packer or distributor; provided, that no advertisement prepared in accordance with Section 502(n) of the federal act and disseminated only to practitioners and dispensers shall be in violation of this subsection.
History: 1953 Comp., § 54-6-37, enacted by Laws 1967, ch. 23, § 12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references. — For definition of "advertisement", see 26-1-2 Q NMSA 1978.
For the definition of "federal act", see 26-1-2W NMSA 1978.
Structure 2021 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 1 - General Provisions
Section 26-1-3 - Prohibited acts.
Section 26-1-3.2 - Prescription drug donation.
Section 26-1-4 - Power to enjoin violations.
Section 26-1-5 - Penalty; exemptions.
Section 26-1-7 - Attorney general or district attorney to institute prosecutions.
Section 26-1-8 - Minor violations of act; warnings authorized.
Section 26-1-9 - Addition of poisonous or deleterious substances; color additives.
Section 26-1-10 - Drug or device adulteration.
Section 26-1-11 - Drug or device; misbranding.
Section 26-1-12 - False advertising.
Section 26-1-13 - Packaging and labeling requirements; proprietary preparations.
Section 26-1-14 - New drugs and devices; prerequisites to sale, delivery or giving away; exceptions.
Section 26-1-15 - Dangerous drugs; veterinary use; limitations.
Section 26-1-16 - Dangerous drugs; conditions for sale; prescription refilling; limitations.
Section 26-1-17 - Testing laboratory.
Section 26-1-18 - Promulgating regulations; procedure.
Section 26-1-18.1 - Prescription drug prior authorization protocols.
Section 26-1-19 - Power to make inspections and secure samples.
Section 26-1-21 - Power of board to publish reports and disseminate information.
Section 26-1-22 - Unlawful means of obtaining dangerous drugs enumerated.
Section 26-1-23 - False statements; false pretenses; forgery of labels or prescriptions prohibited.
Section 26-1-24 - Cosmetics; misbranding.