Md. Code Regs. 10.32.21.18

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.32.21.18 - Advertising

An advertisement may not contain:

A. A statement containing misrepresentation of facts;

B. Statements that cannot be verified by the Board for truthfulness;

C. Statements likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;

D. Statements intended to, or likely to, create false or unjustified expectations of favorable results;

E. Statements containing representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived;

F. Statements containing representations that a naturopathic doctor is willing to perform any procedure which is illegal under the laws or regulations of this State or the United States;

G. Statements that are untruthful and improbable or contain, misstatements, falsehoods, misrepresentations, distorted, or fabulous statements as to cures;

H. Statements that misrepresents the nature, characteristics, or qualities of natural medicines or services provided by a naturopathic doctor pursuant to Health Occupations Article, § 14-5 F-14(a)(3), (4), (5), (6), or (7), Annotated Code of Maryland;

I. Statements that a manifestly incurable condition can be permanently cured;

J. Statements promoting herbal, natural, or dietary supplements as drugs contrary to the laws, rules, and regulations of the Federal Food, Drug, and Cosmetic Act as amended by the Dietary Supplement Health and Education Act of 1994;

K. Advertising that does not comply with state or federal law, including the:

(1) Federal Trade Commission Act, Section 12 of 15 U.S.C. § 52;

(2) Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 - 397;

(3) Maryland Food, Drug, and Cosmetic Act, Health-General Article, §21-207, et seq., Annotated Code of Maryland; and

(4) Commercial Law Article, §14-2902, Annotated Code of Maryland;

L. Statements recommending any modality of care that is inconsistent with the health, safety, and welfare of the public; or

M. Statements made as defined in Health-General Article, §§21-247 and 21-248, Annotated Code of Maryland.

Md. Code Regs. 10.32.21.18

Regulation .18 adopted effective 43:18 Md. R. 1017, eff. 9/12/2016