106-138. 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 Article 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, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal diseases, 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, 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 such drugs or devices: Provided, that whenever the Department of Agriculture and Consumer Services 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 interest 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. (1939, c. 320, s. 19; 1997-261, s. 109.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 12 - Food, Drugs and Cosmetics.
§ 106-121 - Definitions and general consideration.
§ 106-122 - Certain acts prohibited.
§ 106-123 - Injunctions restraining violations.
§ 106-124 - Violations made misdemeanor.
§ 106-124.1 - Civil penalties.
§ 106-125 - Detention of product or article suspected of being adulterated or misbranded.
§ 106-126 - Prosecutions of violations.
§ 106-127 - Report of minor violations in discretion of Commissioner.
§ 106-128 - Establishment of reasonable standards of quality by Board of Agriculture.
§ 106-129 - Foods deemed to be adulterated.
§ 106-130 - Foods deemed misbranded.
§ 106-131 - Permits governing manufacture of foods subject to contamination with microorganisms.
§ 106-132 - Additives, etc., deemed unsafe.
§ 106-133 - Drugs deemed to be adulterated.
§ 106-134 - Drugs deemed misbranded.
§ 106-135 - Regulations for sale of new drugs.
§ 106-136 - Cosmetics deemed adulterated.
§ 106-137 - Cosmetics deemed misbranded.
§ 106-138 - False advertising.
§ 106-139 - Regulations by Board of Agriculture.
§ 106-139.1 - Declaration of net quantity of contents.
§ 106-140.1 - Registration of producers of prescription drugs and devices.
§ 106-141 - Examinations and investigations.
§ 106-141.1 - Inspections of donated food.
§ 106-142 - Publication of reports of judgments, decrees, etc.