(410 ILCS 620/20)
(from Ch. 56 1/2, par. 520)
False or misleading advertisement.
(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 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 and sexually transmitted 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 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.
However, 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. However, this subsection shall not be construed
as indicating that self-medication for diseases other than those named
herein is safe or efficacious.
(Source: P.A. 89-187, eff. 7-19-95; 90-655, eff. 7-30-98.)