Kentucky Revised Statutes

Ky. Rev. Stat. § 217.105 (2026)

When advertising deemed false

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (2) For the purpose of KRS 217.005 to 217.215 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, cholecytitis, 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 (1) of this section shall be deemed to be false under this subsection if it is disseminated only to practitioners or appears only in the scientific periodicals of these practitioners, 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 secretary determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the secretary shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the secretary 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. Effective: History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1960 Ky. Acts ch. 247, sec. 11.

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: Commonwealth, Dep't for Human Resources v. Kentucky Prods., Inc., 616 S.W.2d 496 (Ky. 1981).
Commonwealth, Dep't for Human Resources v. Kentucky Prods., Inc., 616 S.W.2d 496 (Ky. 1981). “095);” and “When advertising deemed false (KRS 217.105).” It is within the realm of reasonable expectation, with such a list of subjects confronting the Department, that at some time and at some place an inspector of the Department will find violations of the Act of such import…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.