§328-20  False advertising; exceptions. (a)  An advertisement of a food, drug, device, or cosmetic shall be deemed tobe false if it is false or misleading in any particular.

(b)  For the purpose of this part theadvertisement of a drug or device representing it to have any effect inalbuminuria, 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 disease shall also be deemedto 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 tomembers of the medical, osteopathic, podiatric, dental, or veterinaryprofessions, or appears only in the scientific periodicals of theseprofessions, or is disseminated only for the purpose of public health educationby persons not commercially interested, directly or indirectly, in the sale ofsuch drugs or devices; provided that whenever the department determines that anadvance in medical science has made any type of self-medication safe as to anyof the diseases named above, the department shall by regulation authorize theadvertisement of drugs having curative or therapeutic effect for such disease,subject to such conditions and restrictions as the department may deemnecessary in the interest of public health; provided that this subsection shallnot be construed as indicating that self-medication for diseases other thanthose named herein is safe or efficacious. [L 1941, c 318, §15; RL 1945, §2219;RL 1955, §51-19; am L Sp 1959 2d, c 1, §19; am L 1964, c 15, §2; HRS §328-20]