New Mexico § 26-1-12 - False advertising
Full text of New Mexico New Mexico Statutes Annotated § 26-1-12 — False advertising, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About New Mexico § 26-1-12
What does New Mexico Statutes Annotated § 26-1-12 cover?
Section 26-1-12 ("False advertising") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 26-1-12?
A common citation format is "New Mexico Statutes Annotated § 26-1-12" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 26-1-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.