Texas Administrative Code|§229.442 Advertising

                                                
(a) An advertisement of a device shall be deemed to be false if it is false or misleading in any particular.   (b) An advertisement of a device is false if the advertisement represents that the device affects:    (1) infectious and parasitic diseases;     (2) neoplasms;     (3) endocrine, nutritional, and metabolic diseases and immunity disorders;     (4) diseases of blood and blood-forming organs;     (5) mental disorders;     (6) diseases of the nervous system and sense organs;     (7) diseases of the circulatory system;     (8) diseases of the respiratory system;     (9) diseases of the digestive system;     (10) diseases of the genitourinary system;     (11) complications of pregnancy, childbirth, and the puerperium;     (12) diseases of the skin and subcutaneous tissue;     (13) diseases of the musculoskeletal system and connective tissue;     (14) congenital anomalies;     (15) certain conditions originating in the perinatal period;     (16) symptoms, signs, and ill-defined conditions; or     (17) injury and poisoning.   (c) Subsection (b) of this section does not apply to an advertisement of a device if the advertisement does not violate the Act, §431.182(a), and is disseminated:    (1) to the public for self-medication and is consistent with the labeling claims permitted by the United States Food and Drug Administration (FDA);     (2) only to members of the medical, dental, and veterinary professions and appears only in the scientific periodicals of those professions; or     (3) only for the purpose of public health education by a person not commercially interested, directly or indirectly, in the sale of the device.   (d) This section does not indicate that self-medication for a disease, other than a disease listed under subsection (b) of this section, is safe and effective.