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(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) 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, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia and venereal disease, shall also be deemed to be false; Provided, That no advertisement not in violation of subsection (a) of this section shall be deemed to be false under this subsection if it circulates only among members of the medical, dental or veterinary professions, or appears only in the scientific periodicals of these professions, or circulates only for the purpose of public-health education by persons not commercially interested, directly or

nary professions, or appears only in the scientific periodicals of these professions, or circulates 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, further, That whenever the Secretary determines that by virtue of the advance in medical science any type of self-medication has been found for any of the diseases named above, he shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the said official may deem necessary in the interests of public health; Provided, further, That this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious. History —Apr. 26, 1940, No. 72, p. 492, § 19, eff. 90 days after Apr. 26, 1940.