Title 26, Chapter 2, Section 30
( 26-2-30)
If an article is alleged to be misbranded because the labeling is
misleading or if an advertisement is alleged to be false because it
is misleading, then, in determining whether the labeling or
advertisement is misleading, there shall be taken into account,
among other things, not only representations made or suggested by
statements, words, designs, devices, sound, or any combination
thereof, but also the extent to which the labeling or advertisement
fails to reveal facts material in the light of such representations
or material with respect to consequences which may result from the
use of the article to which the labeling or advertisement relates
under the conditions of use prescribed in the labeling or
advertisement thereof or under such conditions of use as are
customary or usual. |