Louisiana Revised Statutes 40:625 – A. An advertisement of a food, drug, device, or cosmetic is false if it is false or misleading in any particular regarding the food, drug, device, or cosmetic. Any representation con
Terms Used In Louisiana Revised Statutes 40:625
- Advertisement: includes all representations of fact or opinion disseminated to the public in any manner or by any means other than by the labeling. See Louisiana Revised Statutes 40:602
- Cosmetic: includes all substances and preparations intended for cleansing, altering the appearance of, or promoting the attractiveness of a person. See Louisiana Revised Statutes 40:602
- Device: includes all devices intended for use in diagnosis, treatment, or prevention of disease in man or beast, or intended to affect the structure of any function of the body. See Louisiana Revised Statutes 40:602
- Drug: includes all substances and preparations recognized in the official compendium, as herein defined. See Louisiana Revised Statutes 40:602
- Food: includes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum, or condiment for man or beast. See Louisiana Revised Statutes 40:602
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Scientific opinion: means the opinion, within their respective fields, of competent pharmacologists, physiologists, or toxicologists. See Louisiana Revised Statutes 40:602
A. An advertisement of a food, drug, device, or cosmetic is false if it is false or misleading in any particular regarding the food, drug, device, or cosmetic. Any representation concerning any effect of a drug or device is false under this Subsection if it is not supported by demonstrable scientific facts or substantial and reliable medical or scientific opinion.
B. Except as provided below, the advertisement of a drug or device representing it to have any therapeutic effect in the treatment of Bright’s disease, cancer, tuberculosis, poliomyelitis, venereal disease, heart and vascular diseases, or any other diseases for which no known therapeutic effect has been fully established is false. No advertisement not in violation of Subsection A of this Section shall be considered false under this Subsection, if it is disseminated only to members of the medical and pharmaceutical professions or appears only in the scientific periodicals of these professions, or if it is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices.
C. Except as provided in La. Rev. Stat. 40:626, it is unlawful for any person to disseminate false advertisement by any means for the purposes of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.
Acts 2018, No. 206, §4.