The michigan penal code

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750.34 Advertising relating to ***ual diseases.

Sec. 34.
A person who advertises in his or her own name or in the name of another person, firm or pretended firm, association, or corporation or pretended corporation, in a newspaper, pamphlet, circular, periodical, or other written or printed paper, or the owner, publisher, or manager of a newspaper or periodical who permits to be published or inserted in a newspaper or periodical owned or controlled by him or her, an advertisement of the treating or curing of venereal diseases, the restoration of “lost manhood” or “lost vitality or vigor”, or advertises in any manner that he or she is a specialist in diseases of the ***ual organs, or diseases caused by ***ual vice or masturbation, or in any diseases of like cause, or shall advertise in any manner any medicine, drug, compound, appliance, or any means whatever whereby ***ual diseases of men or women may be cured or relieved, or miscarriage or abortion produced, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.34 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
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750.35 Immoral advertising; publishing and distributing.

Sec. 35.
Publishing and distributing immoral advertising—Any person publishing, distributing or causing to be distributed or circulated any of the advertising matter described in the next preceding section either in newspaper or other printed or written forms, shall be guilty of a misdemeanor and punished as provided in said next preceding section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.35
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750.36 Immoral advertising; evidence.

Sec. 36.
Prima facie evidence of guilt—Any advertisement found in any newspaper, pamphlet or circular containing the words “Lost manhood”, “Lost vitality or vigor” or other expressions synonymous therewith, shall be prima facie evidence of the guilt of the party or parties subscribing to the said advertisements, their agents or representatives, and the same penalties shall apply to the publishers of papers containing the same as prescribed in the next preceding section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.36
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750.37 Immoral advertising; penalty.

Sec. 37.
Penalty construed—The next 3 preceding sections of this chapter shall not be construed as creating a penalty in addition to that specified in Act No. 237 of the Public Acts of 1899, as amended, being sections 6737 to 6747, inclusive, of the Compiled Laws of 1929, for the acts made unlawful therein.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.37
Compiler's Notes: Act 237 of 1899, referred to in this section, was repealed by Act 185 of 1973.
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750.38 Personal violence or human form; displaying.

Sec. 38.
Displaying, etc., pictures, etc., representing personal violence or human form—Any person who shall post, place or display on any sign board, bill board, fence, building, sidewalk, or other object, or in any street, road, or other public place, any sign, picture, printing or other representation of murder, assassination, stabbing, fighting or of any personal violence, or of the commission of any crime, or any representation of the human form in an attitude or dress which would be indecent in the case of a living person, if such person so appeared in any public street, square or highway, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.38
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750.39 Patent medicines; publication in immoral or ambiguous language.

Sec. 39.
Publication of virtues of patent medicines in immoral or ambiguous language—Any person who shall print, stamp, or engrave on any cards, bills or posters for public display or advertisement, or publish in any newspaper in the state of Michigan, the virtues or applications and its or their effects of any patent and other simple or compound medicine, in language of immoral tendency or of ambiguous character, shall be guilty of a misdemeanor. Each day that such publication appears shall be deemed a separate offense under this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.39
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750.40 Private diseases; conceptive preventatives; publication of cures.

Sec. 40.
Publication in indecent language of cures for private diseases and conceptive preventatives—The publication or sale within this state of any circular, pamphlet or book containing recipes or prescriptions in indecent or obscene language for the cure of chronic female complaints or private diseases, or recipes or prescriptions for drops, pills, tinctures, or other compounds designed to prevent conception, or tending to produce miscarriage or abortion is hereby prohibited; and for each copy thereof, so published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.40
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750.41 Repealed. 2002, Act 211, Imd. Eff. Apr. 29, 2002.



Compiler's Notes: The repealed section pertained to sale and distribution of criminal news printed matter.
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750.42 Repealed. 2000, Act 238, Imd. Eff. June 27, 2000.



Compiler's Notes: The repealed section pertained to advertisements of intoxicating liquors referrring to deceased ex-presidents of the United States.
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750.42a Outdoor sign advertising smokeless tobacco product; warning statements; local ordinance, regulation, or other law.

Sec. 42a.
(1) A person who uses an outdoor sign to advertise a smokeless tobacco product shall display on the outdoor sign 1 of the following statements:
(a) “WARNING: This product may cause mouth cancer.”
(b) “WARNING: This product may cause gum disease and tooth loss.”
(c) “WARNING: This product is not a safe alternative to cigarettes.”
(2) The warning statements required under subsection (1) shall be rotated every 4 months, and shall meet all of the following requirements:
(a) Be surrounded by a black border, the width of which is not less than the width of the vertical element of a letter in the warning statement. There shall be a 1-1/2 inch white border surrounding the black border.
(b) Be printed in capital letters that are black on a white background, and in the following size and type:
(i) For an outdoor sign that has a surface area of more than 150 square feet, but less than 350 square feet, the letters shall be not less than 5-1/2 inches in height and printed in univers 67 cold type.
(ii) For an outdoor sign that has a surface area of 350 square feet or more, but less than 1,200 square feet, the letters shall be not less than 6 inches in height and printed in univers 59 cold type.
(iii) For an outdoor sign that has a surface area of 1,200 square feet or more, the letters shall be not less than 8 inches in height and printed in univers 57 cold type.
(3) An ordinance, regulation, or other law enacted by a local unit of government shall not require either of the following for an outdoor sign that advertises a smokeless tobacco product:
(a) A statement other than 1 of the statements required under subsection (1).
(b) For the statements required under subsection (1), a format and type style other than the format and type style required under subsection (2).
(4) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
(5) As used in this section:
(a) “Outdoor sign” means a sign, display, device, figure, painting, drawing, message, placard, poster, or billboard that is placed outdoors, is stationary, has a surface area of more than 150 square feet, and is designed, intended, or used to advertise or promote.
(b) “Person” means an individual, corporation, partnership, or other business entity that manufactures, packages, or imports smokeless tobacco products.
(c) “Smokeless tobacco product” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

History: Add. 1988, Act 295, Eff. Mar. 30, 1989
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