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HomeHealth and Safety CodeDiv. 104Pt. 4Ch. 4Art. 2§ 109300 Cancer Treatment Drug Approval

§ 109300 Cancer Treatment Drug Approval

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 109300 Cancer Treatment Drug Approval

This law says you can't sell or give away any medicine or device that claims to treat or cure cancer unless it's been approved by the federal government or the state board.

Key Takeaways

  • •You can't sell or give away anything that claims to treat or cure cancer without approval.
  • •To get approval, you need to show it's safe and works, and provide lots of details about what's in it and how it's made.
  • •This includes medicines, devices, and even things like special teas or compounds.

Example

Someone tries to sell a special tea that they say can cure cancer.

They can't sell this tea unless they have proof it's safe and works, and they've gotten approval from the government or the state board.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 109300 Cancer Treatment Drug Approval

The sale, offering for sale, holding for sale, delivering, giving away, prescribing or administering of any drug, medicine, compound, or device to be used in the diagnosis, treatment, alleviation, or cure of cancer is unlawful and prohibited unless (1) an application with respect thereto has been approved under Section 505 of the federal Food, Drug and Cosmetic Act, or (2) there has been approved an application filed with the board setting forth: (a)  Full reports of investigations that have been made to show whether or not the drug, medicine, compound, or device is safe for the use, and whether the drug, medicine, compound, or device is effective in the use; (b)  A full list of the articles used as components of the drug, medicine, compound, or device; (c)  A full statement of the composition of the drug, medicine, compound, or device; (d)  A full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drug, medicine, or compound or in the case of a device, a full statement of its composition, properties, and construction and the principle or principles of its operation; (e)  Such samples of the drug, medicine, compound, or device and of the articles used as components of the drug, medicine, compound, or device as the board may require; and (f)  Specimens of the labeling and advertising proposed to be used for the drug, medicine, compound, or device. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

cancerdiagnosistreatmentalleviationcureSection 505 of the federal Food, Drug and Cosmetic Act

Related Statutes

  • § 109395 Cancer Drug Reconsideration
  • § 109335 Cancer Treatment Regulation Penalties
  • § 109250 Cancer Diagnosis And Treatment
  • § 109345 Cancer Treatment Oversight
  • § 42352 Variance Eligibility Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 109300.
View Official Source