§ 19-02.1-19 — False advertising

North Dakota § 19-02.1-19

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-02.1: North Dakota Food, Drug, and Cosmetic Act

Text

1. An advertisement of a food, drug, device, or cosmetic is false if it is false or misleading
in any particular.
2. For the purpose of this chapter, the advertisement of a drug or 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, sexually transmitted disease, sinus infection, smallpox, tuberculosis,

tumors, typhoid, or uremia is also false, except that no advertisement not in violation of
subsection 1 is false under this subsection if it is 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 such drugs or devices; provided, that whenever the department determines
that an advance in medical science has made any type of self-medication safe as to
any of the diseases named above, the department by rule shall authorize the
advertisement of drugs having curative or therapeutic effect for such disease, subject
to such conditions and restrictions as the department may deem necessary in the
interests of public health; and provided, further, that this subsection may not be
construed as indicating that self-medication for diseases other than those named
herein is safe or efficacious.