Scope of title

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    (a)    The provisions of this title that relate to the sale of a consumer commodity also apply to:

        (1)    Manufacturing, producing, processing, packing, exposing, offering, possessing, or holding the consumer commodity for sale;

        (2)    Dispensing or giving the consumer commodity; and

        (3)    Supplying or applying the consumer commodity in the operation of any food, drug, or cosmetic establishment.

    (b)    If a substance is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, there shall be taken into account:

        (1)    The representations made or suggested by statement, word, design, symbol, or sound, alone or in combination; and

        (2)    The extent to which the labeling or advertisement fails to reveal consequences that may result from use of the substance.


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