New Mexico § 26-1-12 - False advertising

§ 26-1-12. False advertising

A. An advertisement of a drug, device or cosmetic shall be deemed to be false if it

is false or misleading in any particular. B. For the purpose of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device

and Cosmetic Act] 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, venereal disease,

shall also be deemed to be false, except that no advertisement not in violation of

Subsection A shall be deemed to be false under this subsection if it is disseminated

only to members of the pharmacy, medical, dental or veterinary profession or appears

only in the scientific periodicals of those 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

board determines that an advance in medical science has made any type of self-medication

safe as to any of the diseases named above, [the] board shall by regulation authorize

the advertisement of drugs having curative or therapeutic effect for such disease,

subject to such conditions and restrictions as the board 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. C. In the case of any dangerous drug distributed or offered for sale in this state

by a manufacturer, packer, distributor or retailer, all advertisement with respect

to that drug shall contain a true statement of the established or official name, together

with any trade or brand name; the formula as represented on the label, in the same

order of listing and with all listed warnings and cautions; the dosage form and strength;

such other information in brief summary relating to its use, side effects, contraindications

and the name of the manufacturer, packer or distributor; provided, that no advertisement

prepared in accordance with Section 502(n) of the federal act and disseminated only

to practitioners and dispensers shall be in violation of this subsection.