State Codes and Statutes

Statutes > California > Hsc > 110390-110420

HEALTH AND SAFETY CODE
SECTION 110390-110420



110390.  It is unlawful for any person to disseminate any false
advertisement of any food, drug, device, or cosmetic. An
advertisement is false if it is false or misleading in any
particular.



110395.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food, drug, device, or cosmetic
that is falsely advertised.


110398.  It is unlawful for any person to advertise any food, drug,
device, or cosmetic that is adulterated or misbranded.



110400.  It is unlawful for any person to receive in commerce any
food, drug, device, or cosmetic that is falsely advertised or to
deliver or proffer for delivery any such food, drug, device, or
cosmetic.


110403.  Except as otherwise provided in Section 110405, it is
unlawful for any person to advertise any drug or device represented
to have any effect in any of the following conditions, disorders, or
diseases:
   (a) Appendicitis.
   (b) Blood disorders.
   (c) Bone or joint diseases.
   (d) Kidney diseases or disorders.
   (e) Cancer.
   (f) Carbuncles.
   (g) Diseases, disorders, or conditions of the eye.
   (h) Diabetes.
   (i) Diphtheria.
   (j) Gallbladder diseases or disorders.
   (k) Heart and vascular diseases.
   ( l) High blood pressure.
   (m) Diseases or disorders of the ear or auditory apparatus,
including hearing loss and deafness.
   (n) Measles.
   (o) Meningitis.
   (p) Mental disease or mental retardation.
   (q) Paralysis.
   (r) Pneumonia.
   (s) Poliomyelitis.
   (t) Prostate gland disorders.
   (u) Conditions of the scalp, affecting hair loss, or baldness.
   (v) Alcoholism.
   (w) Periodontal diseases.
   (x) Epilepsy.
   (y) Goiter.
   (z) Endocrine disorders.
   (aa) Sexual impotence.
   (ab) Sinus infections.
   (ac) Encephalitis.
   (ad) Tumors.
   (ae) Venereal diseases.
   (af) Tuberculosis.
   (ag) Ulcers of the stomach.
   (ah) Varicose ulcers.
   (ai) Scarlet fever.
   (aj) Typhoid fever.
   (ak) Whooping cough.
   (a l) Acquired immune deficiency syndrome (AIDS).
   (am) AIDS-related complex (ARC).
   (an) Diseases, disorders, or conditions of the immune system.



110405.  An advertisement that is not unlawful under Section 110390
is not unlawful under Section 110403 if it is either one of the
following:
   (a) 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 drugs
or devices.
   (b) An advertisement that a drug or device has a specific curative
or therapeutic effect on a condition, disorder, or disease listed in
Section 110403 if the drug or device is approved or cleared for
marketing for that specific curative or therapeutic effect through
any of the following means:
   (1) A new drug application approved pursuant to Section 111500, or
Section 505 of the federal act (21 U.S.C. Sec. 355).
   (2) An abbreviated new drug application approved pursuant to
Section 505 of the federal act (21 U.S.C. Sec. 355).
   (3) A licensed biological product pursuant to Section 351 of the
Public Health Service Act (42 U.S.C. Sec. 262).
   (4) A nonprescription drug that meets the requirements of Part 330
of Title 21 of the Code of Federal Regulations.
   (5) A new animal drug application approved under Section 512 of
the federal act (21 U.S.C. Sec. 360b).
   (6) An abbreviated new animal drug application approved pursuant
to Section 512 of the federal act (21 U.S.C. Sec. 360b).
   (7) A new device application approved pursuant to Section 111550.
   (8) A device premarket approval application approved under Section
515 of the federal act (21 U.S.C. Sec. 360e).
   (9) A determination of substantial equivalence for a device
pursuant to Section 513(f)(1) of the federal act (21 U.S.C. Sec. 360c
(i)).


110410.  Section 110403 shall not be construed as indicating that
self-medication for conditions, disorders, or diseases other than
those named is safe or efficacious.



110413.  No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the food, drug,
device, or cosmetic to which a false advertisement relates, shall be
liable under this article for the dissemination of the false
advertisement, unless he or she has refused to furnish the department
with the name and address of the manufacturer, packer, distributor,
seller, or advertising agency, residing in this state who caused him
or her to disseminate the advertisement.



110415.  It shall be unlawful to advertise or otherwise represent
chopped or ground beef or hamburger in violation of Section 110805.



110420.  (a) Any fragrance advertising insert contained in a
newspaper, magazine, mailing, or other periodically printed material
shall contain only microencapsulated oils. Glue tabs or binders shall
be used to prevent premature activation of the fragrance advertising
insert.
   "Fragrance advertising insert" means a printed piece with
encapsulated fragrance applied to it that is activated by opening a
flap or removing an overlying ply of paper.
   Paperstocks employed in the manufacture of fragrance advertising
inserts shall have a maximum porosity of 20 Sheffield units or 172
Gurley-Hill units.
   (b) Any person who distributes fragrance advertising inserts in
violation of this section, is guilty of an infraction and shall, if
convicted, be subject to a fine of one hundred dollars ($100) for
each distribution. The fine shall apply to each mass mailing or
distribution, and to each mass publication of a magazine or newspaper
in violation of this section. The fine shall not apply, however, to
each individual letter, magazine, newspaper, or fragrance advertising
insert so distributed. Section 111825 is not applicable to
violations of this section.
   (c) This section shall become operative on January 1, 1992.


State Codes and Statutes

Statutes > California > Hsc > 110390-110420

HEALTH AND SAFETY CODE
SECTION 110390-110420



110390.  It is unlawful for any person to disseminate any false
advertisement of any food, drug, device, or cosmetic. An
advertisement is false if it is false or misleading in any
particular.



110395.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food, drug, device, or cosmetic
that is falsely advertised.


110398.  It is unlawful for any person to advertise any food, drug,
device, or cosmetic that is adulterated or misbranded.



110400.  It is unlawful for any person to receive in commerce any
food, drug, device, or cosmetic that is falsely advertised or to
deliver or proffer for delivery any such food, drug, device, or
cosmetic.


110403.  Except as otherwise provided in Section 110405, it is
unlawful for any person to advertise any drug or device represented
to have any effect in any of the following conditions, disorders, or
diseases:
   (a) Appendicitis.
   (b) Blood disorders.
   (c) Bone or joint diseases.
   (d) Kidney diseases or disorders.
   (e) Cancer.
   (f) Carbuncles.
   (g) Diseases, disorders, or conditions of the eye.
   (h) Diabetes.
   (i) Diphtheria.
   (j) Gallbladder diseases or disorders.
   (k) Heart and vascular diseases.
   ( l) High blood pressure.
   (m) Diseases or disorders of the ear or auditory apparatus,
including hearing loss and deafness.
   (n) Measles.
   (o) Meningitis.
   (p) Mental disease or mental retardation.
   (q) Paralysis.
   (r) Pneumonia.
   (s) Poliomyelitis.
   (t) Prostate gland disorders.
   (u) Conditions of the scalp, affecting hair loss, or baldness.
   (v) Alcoholism.
   (w) Periodontal diseases.
   (x) Epilepsy.
   (y) Goiter.
   (z) Endocrine disorders.
   (aa) Sexual impotence.
   (ab) Sinus infections.
   (ac) Encephalitis.
   (ad) Tumors.
   (ae) Venereal diseases.
   (af) Tuberculosis.
   (ag) Ulcers of the stomach.
   (ah) Varicose ulcers.
   (ai) Scarlet fever.
   (aj) Typhoid fever.
   (ak) Whooping cough.
   (a l) Acquired immune deficiency syndrome (AIDS).
   (am) AIDS-related complex (ARC).
   (an) Diseases, disorders, or conditions of the immune system.



110405.  An advertisement that is not unlawful under Section 110390
is not unlawful under Section 110403 if it is either one of the
following:
   (a) 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 drugs
or devices.
   (b) An advertisement that a drug or device has a specific curative
or therapeutic effect on a condition, disorder, or disease listed in
Section 110403 if the drug or device is approved or cleared for
marketing for that specific curative or therapeutic effect through
any of the following means:
   (1) A new drug application approved pursuant to Section 111500, or
Section 505 of the federal act (21 U.S.C. Sec. 355).
   (2) An abbreviated new drug application approved pursuant to
Section 505 of the federal act (21 U.S.C. Sec. 355).
   (3) A licensed biological product pursuant to Section 351 of the
Public Health Service Act (42 U.S.C. Sec. 262).
   (4) A nonprescription drug that meets the requirements of Part 330
of Title 21 of the Code of Federal Regulations.
   (5) A new animal drug application approved under Section 512 of
the federal act (21 U.S.C. Sec. 360b).
   (6) An abbreviated new animal drug application approved pursuant
to Section 512 of the federal act (21 U.S.C. Sec. 360b).
   (7) A new device application approved pursuant to Section 111550.
   (8) A device premarket approval application approved under Section
515 of the federal act (21 U.S.C. Sec. 360e).
   (9) A determination of substantial equivalence for a device
pursuant to Section 513(f)(1) of the federal act (21 U.S.C. Sec. 360c
(i)).


110410.  Section 110403 shall not be construed as indicating that
self-medication for conditions, disorders, or diseases other than
those named is safe or efficacious.



110413.  No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the food, drug,
device, or cosmetic to which a false advertisement relates, shall be
liable under this article for the dissemination of the false
advertisement, unless he or she has refused to furnish the department
with the name and address of the manufacturer, packer, distributor,
seller, or advertising agency, residing in this state who caused him
or her to disseminate the advertisement.



110415.  It shall be unlawful to advertise or otherwise represent
chopped or ground beef or hamburger in violation of Section 110805.



110420.  (a) Any fragrance advertising insert contained in a
newspaper, magazine, mailing, or other periodically printed material
shall contain only microencapsulated oils. Glue tabs or binders shall
be used to prevent premature activation of the fragrance advertising
insert.
   "Fragrance advertising insert" means a printed piece with
encapsulated fragrance applied to it that is activated by opening a
flap or removing an overlying ply of paper.
   Paperstocks employed in the manufacture of fragrance advertising
inserts shall have a maximum porosity of 20 Sheffield units or 172
Gurley-Hill units.
   (b) Any person who distributes fragrance advertising inserts in
violation of this section, is guilty of an infraction and shall, if
convicted, be subject to a fine of one hundred dollars ($100) for
each distribution. The fine shall apply to each mass mailing or
distribution, and to each mass publication of a magazine or newspaper
in violation of this section. The fine shall not apply, however, to
each individual letter, magazine, newspaper, or fragrance advertising
insert so distributed. Section 111825 is not applicable to
violations of this section.
   (c) This section shall become operative on January 1, 1992.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 110390-110420

HEALTH AND SAFETY CODE
SECTION 110390-110420



110390.  It is unlawful for any person to disseminate any false
advertisement of any food, drug, device, or cosmetic. An
advertisement is false if it is false or misleading in any
particular.



110395.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food, drug, device, or cosmetic
that is falsely advertised.


110398.  It is unlawful for any person to advertise any food, drug,
device, or cosmetic that is adulterated or misbranded.



110400.  It is unlawful for any person to receive in commerce any
food, drug, device, or cosmetic that is falsely advertised or to
deliver or proffer for delivery any such food, drug, device, or
cosmetic.


110403.  Except as otherwise provided in Section 110405, it is
unlawful for any person to advertise any drug or device represented
to have any effect in any of the following conditions, disorders, or
diseases:
   (a) Appendicitis.
   (b) Blood disorders.
   (c) Bone or joint diseases.
   (d) Kidney diseases or disorders.
   (e) Cancer.
   (f) Carbuncles.
   (g) Diseases, disorders, or conditions of the eye.
   (h) Diabetes.
   (i) Diphtheria.
   (j) Gallbladder diseases or disorders.
   (k) Heart and vascular diseases.
   ( l) High blood pressure.
   (m) Diseases or disorders of the ear or auditory apparatus,
including hearing loss and deafness.
   (n) Measles.
   (o) Meningitis.
   (p) Mental disease or mental retardation.
   (q) Paralysis.
   (r) Pneumonia.
   (s) Poliomyelitis.
   (t) Prostate gland disorders.
   (u) Conditions of the scalp, affecting hair loss, or baldness.
   (v) Alcoholism.
   (w) Periodontal diseases.
   (x) Epilepsy.
   (y) Goiter.
   (z) Endocrine disorders.
   (aa) Sexual impotence.
   (ab) Sinus infections.
   (ac) Encephalitis.
   (ad) Tumors.
   (ae) Venereal diseases.
   (af) Tuberculosis.
   (ag) Ulcers of the stomach.
   (ah) Varicose ulcers.
   (ai) Scarlet fever.
   (aj) Typhoid fever.
   (ak) Whooping cough.
   (a l) Acquired immune deficiency syndrome (AIDS).
   (am) AIDS-related complex (ARC).
   (an) Diseases, disorders, or conditions of the immune system.



110405.  An advertisement that is not unlawful under Section 110390
is not unlawful under Section 110403 if it is either one of the
following:
   (a) 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 drugs
or devices.
   (b) An advertisement that a drug or device has a specific curative
or therapeutic effect on a condition, disorder, or disease listed in
Section 110403 if the drug or device is approved or cleared for
marketing for that specific curative or therapeutic effect through
any of the following means:
   (1) A new drug application approved pursuant to Section 111500, or
Section 505 of the federal act (21 U.S.C. Sec. 355).
   (2) An abbreviated new drug application approved pursuant to
Section 505 of the federal act (21 U.S.C. Sec. 355).
   (3) A licensed biological product pursuant to Section 351 of the
Public Health Service Act (42 U.S.C. Sec. 262).
   (4) A nonprescription drug that meets the requirements of Part 330
of Title 21 of the Code of Federal Regulations.
   (5) A new animal drug application approved under Section 512 of
the federal act (21 U.S.C. Sec. 360b).
   (6) An abbreviated new animal drug application approved pursuant
to Section 512 of the federal act (21 U.S.C. Sec. 360b).
   (7) A new device application approved pursuant to Section 111550.
   (8) A device premarket approval application approved under Section
515 of the federal act (21 U.S.C. Sec. 360e).
   (9) A determination of substantial equivalence for a device
pursuant to Section 513(f)(1) of the federal act (21 U.S.C. Sec. 360c
(i)).


110410.  Section 110403 shall not be construed as indicating that
self-medication for conditions, disorders, or diseases other than
those named is safe or efficacious.



110413.  No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the food, drug,
device, or cosmetic to which a false advertisement relates, shall be
liable under this article for the dissemination of the false
advertisement, unless he or she has refused to furnish the department
with the name and address of the manufacturer, packer, distributor,
seller, or advertising agency, residing in this state who caused him
or her to disseminate the advertisement.



110415.  It shall be unlawful to advertise or otherwise represent
chopped or ground beef or hamburger in violation of Section 110805.



110420.  (a) Any fragrance advertising insert contained in a
newspaper, magazine, mailing, or other periodically printed material
shall contain only microencapsulated oils. Glue tabs or binders shall
be used to prevent premature activation of the fragrance advertising
insert.
   "Fragrance advertising insert" means a printed piece with
encapsulated fragrance applied to it that is activated by opening a
flap or removing an overlying ply of paper.
   Paperstocks employed in the manufacture of fragrance advertising
inserts shall have a maximum porosity of 20 Sheffield units or 172
Gurley-Hill units.
   (b) Any person who distributes fragrance advertising inserts in
violation of this section, is guilty of an infraction and shall, if
convicted, be subject to a fine of one hundred dollars ($100) for
each distribution. The fine shall apply to each mass mailing or
distribution, and to each mass publication of a magazine or newspaper
in violation of this section. The fine shall not apply, however, to
each individual letter, magazine, newspaper, or fragrance advertising
insert so distributed. Section 111825 is not applicable to
violations of this section.
   (c) This section shall become operative on January 1, 1992.