§ 16-42-1-9 — Advertisements; curative or therapeutic effect for certain diseases

Indiana § 16-42-1-9

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 1: Uniform Food, Drug, and Cosmetic Act: General

Text

(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;
sexually transmitted infection;
sinus infection;
smallpox;
tuberculosis;
tumors;
typhoid;
uremia; or
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.]

Legislative History

As added by P.L.2-1993, SEC.25. Amended by P.L.174-2021, SEC.17; P.L.147-2023, SEC.26.