§ 40:625 — False advertisement

§625. False advertisement
A. An advertisement of a food, drug, device, or cosmetic is false if it is false or
misleading in any particular regarding the food, drug, device, or cosmetic. Any
representation concerning any effect of a drug or device is false under this Subsection if it
is not supported by demonstrable scientific facts or substantial and reliable medical or
scientific opinion.
B. Except as provided below, the advertisement of a drug or device representing it
to have any therapeutic effect in the treatment of Bright's disease, cancer, tuberculosis,
poliomyelitis, venereal disease, heart and vascular diseases, or any other diseases for which
no known therapeutic effect has been fully established is false. No advertisement not in
violation of Subsection A of this Section shall be considered false under this Subsection, if
it is disseminated only to members of the medical and pharmaceutical professions or appears
only in the scientific periodicals of these professions, or if it is disseminated only for the
purpose of public health education by persons not commercially interested, directly or
indirectly, in the sale of the drugs or devices.
C. Except as provided in R.S. 40:626, it is unlawful for any person to disseminate
false advertisement by any means for the purposes of inducing, directly or indirectly, the
purchase of food, drugs, devices, or cosmetics.

Legislative History

Acts 2018, No. 206, §4.