Ind. Code § 16-42-1-9
Advertisements; curative or therapeutic effect for certain diseases
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 9. (a) This section does not apply to an advertisement that:
Sec. 9. (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;
(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
(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.
(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:
(b) The advertisement of a drug or device that represents that the drug or device has any effect in:
albuminuria
appendicitis
arteriosclerosis
albuminuria;
appendicitis;
arteriosclerosis;
blood poison
blood poison;
bone disease
bone disease;
Bright's disease
Bright's disease;
carbuncles
cancer
cholecystitis
diabetes
diphtheria
dropsy
erysipelas
gallstones
carbuncles;
cancer;
cholecystitis;
diabetes;
diphtheria;
dropsy;
erysipelas;
gallstones;
heart and vascular diseases
heart and vascular diseases;
high blood pressure
high blood pressure;
mastoiditis
measles
mumps
nephritis
mastoiditis;
measles;
mumps;
nephritis;
otitis media
otitis media;
paralysis
pneumonia
paralysis;
pneumonia;
poliomyelitis (infantile paralysis)
poliomyelitis (infantile paralysis);
prostate gland disorders
prostate gland disorders;
pyelitis
pyelitis;
scarlet fever
scarlet fever;
sexual impotence
sexual impotence;
sexually transmitted infection;
sinus infection
sinus infection;
smallpox
tuberculosis
tumors
typhoid
uremia
venereal disease
meningitis
smallpox;
tuberculosis;
tumors;
typhoid;
uremia; or
meningitis;
is considered false for purposes of IC 35-43-5-3.
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.
(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.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.