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20-56-214. False or misleading advertisement.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-214. False or misleading advertisement.
(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b)(1)(A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions:
(i) Albuminuria;
(ii) Appendicitis;
(iii) Arteriosclerosis;
(iv) Blood poison;
(v) Bone disease;
(vi) Bright's disease;
(vii) Cancer;
(viii) Carbuncles;
(ix) Cholecystitis;
(x) Diabetes;
(xi) Diphtheria;
(xii) Dropsy;
(xiii) Erysipelas;
(xiv) Gallstones;
(xv) Heart and vascular diseases;
(xvi) High blood pressure;
(xvii) Mastoiditis;
(xviii) Measles;
(xix) Meningitis;
(xx) Mumps;
(xxi) Nephritis;
(xxii) Otitis media;
(xxiii) Paralysis;
(xxiv) Pneumonia;
(xxv) Poliomyelitis or infantile paralysis;
(xxvi) Prostate gland disorders;
(xxvii) Pyelitis;
(xxviii) Scarlet fever;
(xxix) Sexual impotence;
(xxx) Sexually transmitted disease;
(xxxi) Sinus infection;
(xxxii) Smallpox;
(xxxiii) Tuberculosis;
(xxxiv) Tumors;
(xxxv) Typhoid; or
(xxxvi) Uremia.
(B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.
(2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs h
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-56-214
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4fe220c63fff08df4e040df8577a0066081943fd24c0df804bfe80e93a0aa34f
Source location: content.xml paragraph 29861
Stored source content
20-56-214. False or misleading advertisement.
(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b)(1)(A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions:
(i) Albuminuria;
(ii) Appendicitis;
(iii) Arteriosclerosis;
(iv) Blood poison;
(v) Bone disease;
(vi) Bright's disease;
(vii) Cancer;
(viii) Carbuncles;
(ix) Cholecystitis;
(x) Diabetes;
(xi) Diphtheria;
(xii) Dropsy;
(xiii) Erysipelas;
(xiv) Gallstones;
(xv) Heart and vascular diseases;
(xvi) High blood pressure;
(xvii) Mastoiditis;
(xviii) Measles;
(xix) Meningitis;
(xx) Mumps;
(xxi) Nephritis;
(xxii) Otitis media;
(xxiii) Paralysis;
(xxiv) Pneumonia;
(xxv) Poliomyelitis or infantile paralysis;
(xxvi) Prostate gland disorders;
(xxvii) Pyelitis;
(xxviii) Scarlet fever;
(xxix) Sexual impotence;
(xxx) Sexually transmitted disease;
(xxxi) Sinus infection;
(xxxii) Smallpox;
(xxxiii) Tuberculosis;
(xxxiv) Tumors;
(xxxv) Typhoid; or
(xxxvi) Uremia.
(B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.
(2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health.
(3) This subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
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