Guam § 40121 - Advertising.

§ 40121. Advertising.

(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 Act the advertisement of a drug or device

representing it to have any effect in albuminuria, appendicitis,

arteriosclerosis, blood poison, bone diseases, 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 or venereal disease shall also be deemed to be false, except

that no advertisement not in violation of Subsection if it is disseminated

only to members of the medical, dental 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 Director determines that an advance in medical

science has made any type of self-medication safe as to any of the diseases

named above, the Director shall by regulation authorize the advertisement

of drugs having curative or therapeutic effect for such disease, subject to

such conditions and restrictions as the Director may deem necessary in the

interests of public health; provided, that this Subsection shall not be

construed as indicating that self-medication for diseases other than those

named herein is safe or efficacious.