§ 16-42-1-7 — Misleading advertising or labeling; evaluation of representations

If:
(1) an article is alleged to be misbranded because the labeling is
misleading; or
(2) an advertisement is alleged to be false because the
advertisement is misleading;
in determining whether the labeling or advertisement is misleading,
there shall be taken into account among other items not only
representations made or suggested by statement, word, design, device,
sound, or any combination of those methods, but also the extent to
which the labeling or advertisement fails to reveal facts that are
material in the light of representations or that are material with respect
to consequences that 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 or under conditions of use that are
customary or usual.
[Pre-1993 Recodification Citation: 16-1-28-3(l)
part.]

Legislative History

As added by P.L.2-1993, SEC.25.