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[excerpts]

Food and Drugs Act (R.S. 1985, c. F-27 )

Interpretation

2.In this Act,

"contraceptive device" means any instrument, apparatus, contrivance or substance other than a drug, that is manufactured, sold or represented for use in the prevention of conception;

"device" means any article, instrument, apparatus or contrivance, including any component, part or accessory thereof, manufactured, sold or represented for use in

(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,

(b) restoring, correcting or modifying a body function or the body structure of human beings or animals,

(c) the diagnosis of pregnancy in human beings or animals, or

(d) the care of human beings or animals during pregnancy and at and after birth of the offspring, including care of the offspring,

and includes a contraceptive device but does not include a drug;

Unauthorized Advertising of Contraceptive Device Prohibited

3. (3) Except as authorized by regulation, no person shall advertise to the general public any contraceptive device or any drug manufactured, sold or represented for use in the prevention of conception.

Food and Drug RegulationsPART C DRUGS

Contraceptive Drugs

C.01.625.Contraceptive drugs that are manufactured, sold or represented for use in the prevention of conception and that are not listed in Schedule F may be advertised to the general public.

Medical Devices Regulations (SOR/98-282)

Contraceptive Devices -- Advertising

24.(1) For the purposes of subsections 3(1) and (2) of the Act and subject to section 27, a condom may be advertised and sold to the general public for the purpose of preventing the transmission of venereal disease if the advertisement and the label of the condom claim only that the condom reduces the risk of transmitting venereal disease.

(2) For the purpose of subsection 3(3) of the Act and subject to section 27, contraceptive devices, other than intrauterine devices, may be advertised to the general public by any means other than by the distribution of samples of the devices door-to-door or through the mail. SOR/2002-190, s. 4.

Schedule F available athttp://laws.justice.gc.ca/en/F-27/C.R.C.-c.870/128305.html