37-131. 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 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, cholecytitis, diabetes, diptheria [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 (a) shall be deemed to be false under this subsection if it is disseminated only to members of the medical, osteopathic, chiropodial, dental, 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 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.
History:
[37-131, added 1959, ch. 153, sec. 19, p. 351.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT
Section 37-115 - PROHIBITED ACTS.
Section 37-116 - INJUNCTIONS AUTHORIZED.
Section 37-117 - VIOLATIONS — PENALTY — EXCEPTIONS.
Section 37-120 - REPORT OF MINOR VIOLATIONS.
Section 37-121 - PROMULGATION OF REASONABLE STANDARDS BY BOARD.
Section 37-122 - FOOD DEEMED ADULTERATED.
Section 37-123 - FOOD DEEMED MISBRANDED.
Section 37-124 - CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.
Section 37-125 - POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.
Section 37-126 - DRUGS OR DEVICES DEEMED ADULTERATED.
Section 37-127 - DRUGS OR DEVICES DEEMED MISBRANDED.
Section 37-128 - SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES.
Section 37-129 - COSMETICS DEEMED ADULTERATED.
Section 37-130 - COSMETICS DEEMED MISBRANDED.
Section 37-131 - FALSE ADVERTISING.
Section 37-132 - REGULATIONS BY BOARD — HEARINGS — NOTICE.
Section 37-134 - PUBLICATION OF REPORTS BY DIRECTOR — DISSEMINATION OF INFORMATION.