247 CMR, § 9.03

Current through Register 1530, September 13, 2024
Section 9.03 - Advertising
(1) A pharmacist shall not utilize false, deceptive or misleading advertising.
(2) Whenever a pharmacist advertises the consumer price for a particular prescription drug, said advertisement shall not contain any representation, either expressed or implied, concerning that drug's safety, effectiveness, or indications for use.
(3) Any pharmacist who advertises a prescription drug in a manner which provides price information to consumers shall include the following information regarding each advertised prescription drug:
(a) The proprietary name, if any;
(b) the established or generic name, if any;
(c) the quantity of active ingredient per dosage unit of the prescription drug product whenever the prescription contains a single active ingredient;
(d) the strength of the prescription whenever said product contains more than one active ingredient by a relevant strength that can be associated with the product without indicating each active ingredient; the established name and quantity of each active ingredient shall not be required whenever said product contains more than one active ingredient;
(e) the dosage form; and
(f) the price charged for filling a prescription.
(4) A pharmacist who advertises prescription drugs in a manner which provides price information to consumers may identify professional or convenience services provided by the pharmacy or pharmacy department, or may include other written, printed or graphic matter, provided that no information included in such advertising shall be false, deceptive or misleading.
(5) Whenever a pharmacist advertises prescription drugs in a manner that provides price information to consumers, any stated price with respect to a particular prescription drug shall include all charges to the consumer. These charges shall include, but not be limited to, any professional or handling fees and any mailing and delivery fees. This advertising may indicate each separate fee which is to be added to the price of the prescription drug .
(6) The requirements of 247 CMR 9.03 apply to all prescription drug advertisements, including price lists, catalogs, and other promotional material, whether mailed, posted in a pharmacy, placed in a newspaper, or aired on radio or television, which serve to provide consumers with information regarding the price charged for prescriptions.

247 CMR, § 9.03