Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 20 - MISLEADING PRICE REPRESENTATIONS
Section 137-020-0261 - Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods

Universal Citation: OR Admin Rules 137-020-0261
Current through Register Vol. 63, No. 9, September 1, 2024

It is unfair and deceptive for an advertiser or seller to represent that a good that is or may be obtained primarily for personal, family or household purposes will prevent, treat, diagnose, mitigate, or cure coronavirus, COVID-19 or a related condition, without first having competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation. It is the intent of the rule that in construing the meaning of the term "competent and reliable scientific evidence," the courts may be guided by decisions of federal courts and final orders of the Federal Trade Commission. It is also presumed that any specific good with approval or emergency use authorization by the United States Food and Drug Administration has competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation.

Statutory/Other Authority: ORS 646.608(1)(u) & ORS 646.608(4)

Statutes/Other Implemented: ORS 646.608(1)(u)

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