846                               Laws of Maryland                      [Ch. 422

per, if any there be, of the retail package of the article, or is easily
legible through the outside container or wrapper.

(k) The term ''principal display panel" means that part of a
label that is most likely to be displayed, presented, shown, or exam-
ined under normal customary conditions of display for retail sale.

(l) The term "immediate container" does not include package
liners.

(m) The term "package" means any container or wrapping in
which any consumer commodity is enclosed for use in the delivery
or display of that consumer commodity to retail purchasers, but does
not include—

(1)    shipping containers or wrappings used solely for the trans-
portation of any consumer commodity in bulk or in quantity to
manufacturers, packers, or processors, or to wholesale or retail dis-
tributors thereof;

(2)    shipping containers or outer wrappings used by retailers to
ship or deliver any commodity to retail customers if the containers
and wrappings bear no printed matter pertaining to any particular
commodity.

(n) The term "labeling" means all labels and other written,
printed, or graphic matter (1) upon an article or any of its con-
tainers or wrappers, or (2) accompanying the article.

(o) 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, and in determining if the labeling or advertisement is
misleading, there shall be taken into account (among other things)
not only representations made or suggested by statement, word,
design, device, sound, or in any combination thereof, but also the
extent to which the labeling or advertisement fails to reveal facts
material in the light of the 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 condi-

tions of use as are customary or usual.

(p) The term, "advertisement" means all representations dis-
seminated in any manner or by any means, other than by labeling,
for the purpose of inducing, or which are likely to induce, directly
or indirectly, the purchase of food, drugs, devices, or cosmetics.

(q) The representation of a drug, in its labeling or advertise-
ment, as an antiseptic shall be considered to be a representation
that it is a germicide, except in the case of a drug purporting to be,
or represented as, an antiseptic for inhibitory use as a wet dressing,
ointment, dusting powder, or such other use as involves prolonged
contact with the body.

(r) The term "new drug" means (1) any drug not generally
recognized, among experts qualified by scientific training and ex-
perience to evaluate the safety and effectiveness of drugs, as safe and
effective for use under the conditions prescribed, recommended, or
suggested in the labeling thereof; or (2) any drug which, as a result
of investigations to determine its safety and effectiveness for use
under these conditions, has become so recognized, but which has not,