Sec. 9. (a) This section does not apply to an advertisement that:
(1) is disseminated only to members of the medical, dental, pharmaceutical, and other legally recognized professions dealing with the healing arts;
(2) appears only in the scientific periodicals of those professions; or
(3) is disseminated only for the purpose of public health education by persons not commercially interested in the sale of such drugs or devices.
(b) The advertisement of a drug or device that represents that the drug or device has any effect in:
albuminuria
appendicitis
arteriosclerosis
blood poison
bone disease
Bright's disease
carbuncles
cancer
cholecystitis
diabetes
diphtheria
dropsy
erysipelas
gallstones
heart and vascular diseases
high blood pressure
mastoiditis
measles
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
meningitis
is considered false for purposes of IC 35-43-5-4.
(c) Whenever the state department determines that an advance in medical science has made a type of self medication safe as to any of the diseases listed in this section, the state department shall adopt rules to authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions the state department considers necessary in the interests of public health.
[Pre-1993 Recodification Citation: 16-1-28-7.]
As added by P.L.2-1993, SEC.25. Amended by P.L.174-2021, SEC.17.
Structure Indiana Code
Article 42. Regulation of Food, Drugs, and Cosmetics
Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions
16-42-1-1.1. Duties of State Veterinarian and State Board of Animal Health
16-42-1-2. Authority to Adopt Certain Federal Regulations
16-42-1-3. Adoption of Regulations; Notice and Hearing
16-42-1-4. Construction of Act and Rules
16-42-1-5. Federal Agency References; Successor Agency
16-42-1-7. Misleading Advertising or Labeling; Evaluation of Representations
16-42-1-8. Labeling Requirements; Visibility
16-42-1-9. Advertisements; Curative or Therapeutic Effect for Certain Diseases
16-42-1-10. Samples or Specimen; Investigation and Examination
16-42-1-11. Inspection of Records
16-42-1-12. Access to and Copying of Records; Use of Evidence
16-42-1-13. Entry and Inspections
16-42-1-14. Report of Judgments, Orders, and Decrees
16-42-1-15. Dissemination of Information
16-42-1-16. Prohibited Acts; Defenses; Injunctions
16-42-1-17. Schedule of Civil Penalties; Order of Compliance; Consolidation of Proceedings
16-42-1-18. Embargo or Detention of Adulterated or Misbranded Merchandise; Tagging or Marking
16-42-1-19. Condemnation of Detained or Embargoed Merchandise; Petition
16-42-1-20. Seizure and Destruction of Embargoed or Detained Merchandise
16-42-1-21. Filing of Answer or Demurrer
16-42-1-22. Rights of Litigants
16-42-1-25. Judgment for Costs
16-42-1-26. Return of Libeled Merchandise; Liability for Damages
16-42-1-27. New Trial; Appeal; Appeal Bond
16-42-1-28. Judgment as Evidence
16-42-1-29. Costs Not Adjudicated Against Defendants
16-42-1-30. Libel for Condemnation; Procedure
16-42-1-31. Destruction of Adulterated or Misbranded Products; Expenses
16-42-1-32. Notice and Opportunity for Hearing Preceding Criminal Prosecution