State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-138

§ 106‑138.  False advertising.

(a)        An advertisement of a food, drug, device or cosmetic shallbe deemed to be false if it is false or misleading in any particular.

(b)        For the purpose of this Article the advertisement of a drugor 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 befalse; except that no advertisement not in violation of subsection (a) shall bedeemed to be false under this subsection if it is disseminated only to membersof the medical, dental, pharmaceutical, or veterinary professions, or appearsonly in the scientific periodicals of these professions, or is disseminatedonly for the purpose of public health education by persons not commerciallyinterested, directly or indirectly, in the sale of such drugs or devices: Provided,that whenever the Department of Agriculture and Consumer Services determinesthat an advance in medical science has made any type of self‑medicationsafe as to any of the diseases named above, the Board shall by regulationauthorize the advertisement of drugs having curative or therapeutic effect forsuch disease, subject to such conditions and restrictions as the Board may deemnecessary in the interest of public health: Provided, that this subsectionshall not be construed as indicating that self‑medication for diseasesother than those named herein is safe or efficacious. (1939, c. 320, s. 19; 1997‑261, s. 109.)

State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-138

§ 106‑138.  False advertising.

(a)        An advertisement of a food, drug, device or cosmetic shallbe deemed to be false if it is false or misleading in any particular.

(b)        For the purpose of this Article the advertisement of a drugor 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 befalse; except that no advertisement not in violation of subsection (a) shall bedeemed to be false under this subsection if it is disseminated only to membersof the medical, dental, pharmaceutical, or veterinary professions, or appearsonly in the scientific periodicals of these professions, or is disseminatedonly for the purpose of public health education by persons not commerciallyinterested, directly or indirectly, in the sale of such drugs or devices: Provided,that whenever the Department of Agriculture and Consumer Services determinesthat an advance in medical science has made any type of self‑medicationsafe as to any of the diseases named above, the Board shall by regulationauthorize the advertisement of drugs having curative or therapeutic effect forsuch disease, subject to such conditions and restrictions as the Board may deemnecessary in the interest of public health: Provided, that this subsectionshall not be construed as indicating that self‑medication for diseasesother than those named herein is safe or efficacious. (1939, c. 320, s. 19; 1997‑261, s. 109.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-138

§ 106‑138.  False advertising.

(a)        An advertisement of a food, drug, device or cosmetic shallbe deemed to be false if it is false or misleading in any particular.

(b)        For the purpose of this Article the advertisement of a drugor 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 befalse; except that no advertisement not in violation of subsection (a) shall bedeemed to be false under this subsection if it is disseminated only to membersof the medical, dental, pharmaceutical, or veterinary professions, or appearsonly in the scientific periodicals of these professions, or is disseminatedonly for the purpose of public health education by persons not commerciallyinterested, directly or indirectly, in the sale of such drugs or devices: Provided,that whenever the Department of Agriculture and Consumer Services determinesthat an advance in medical science has made any type of self‑medicationsafe as to any of the diseases named above, the Board shall by regulationauthorize the advertisement of drugs having curative or therapeutic effect forsuch disease, subject to such conditions and restrictions as the Board may deemnecessary in the interest of public health: Provided, that this subsectionshall not be construed as indicating that self‑medication for diseasesother than those named herein is safe or efficacious. (1939, c. 320, s. 19; 1997‑261, s. 109.)