New Hampshire Revised Statutes 146:9 – False Advertisement
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I. An advertisement of food, drug, device or cosmetic shall be deemed to be false, if it shall be false or misleading in any particular. Any statement either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered misleading, unless the agency concerned has approved the statement prior to its use.
II. 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, chloecystitis, 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 paragraph I of this section shall be deemed to be false under this section if it shall be disseminated only to members of the medical, dental or veterinary profession, or shall appear 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, whenever the commissioner shall agree that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the commissioner shall, by regulation, authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the commissioner may deem necessary in the interests of public health; provided, this section shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious.
II. 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, chloecystitis, 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 paragraph I of this section shall be deemed to be false under this section if it shall be disseminated only to members of the medical, dental or veterinary profession, or shall appear 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, whenever the commissioner shall agree that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the commissioner shall, by regulation, authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the commissioner may deem necessary in the interests of public health; provided, this section shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious.
Terms Used In New Hampshire Revised Statutes 146:9
- advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics. See New Hampshire Revised Statutes 146:2
- commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 146:2
- cosmetic: means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. See New Hampshire Revised Statutes 146:2
- drug: means (1) articles recognized in the official United States Pharmacopoeia, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3); but does not include devices or their components, parts, or accessories. See New Hampshire Revised Statutes 146:2
- food: means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. See New Hampshire Revised Statutes 146:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4