Marvin Mandel, Governor                           865

in the labeling) and in such terms as to render it likely to be read
and understood by the ordinary individual under customary condi-
tions of purchase and use.

(d)    If it is a color additive, unless its packaging and labeling are
in conformity with such packaging and labeling requirements ap-
plicable to such color additive prescribed under the provisions of the
Federal Act. This subsection shall not apply to packages of color
additives which, with respect to their use for cosmetics, are marketed
and intended for use only in or on hair dyes (as defined in the last
sentence of Section 190A (a)).

(e)    A cosmetic which is, in accordance with the practice of the
trade, to be processed, labeled or repacked in substantial quantities
at an establishment other than the establishment where it was orig-
inally processed or packed, is exempted from the affirmative labeling
requirements of this subheading while it is in transit in commerce
from the one establishment to the other, if the transit is
made in good faith for completion purposes only; but it is otherwise
subject to all applicable provisions of this subheading.

191A.

(a)    An advertisement of a food, drug, device, or cosmetic shall be
deemed to be false if it is false or misleading in any particular.

(b)    For the purpose of this subheading the advertisement of a
drug or device representing it to have any effect in albuminuria,
appendicitis, arteriosclerosis, blood poison, bone disease, Bright's
disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy,
erysipelas, gallstones, heart and vascular diseases, high blood pres-
sure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media,
paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate
gland disorders, pyelitis, scarlet fever, sexual impotence, sinus in-
fection, smallpox, tuberculosis, tumors, typhoid, uremia, venereal
disease, shall also be deemed to be false, except that no advertise-
ment not in violation of subsection (a) shall be deemed to be false
under this subsection if it is disseminated only to members of the
medical, dental, or veterinary professions, or appears only in the
scientific periodicals of these professions, or is disseminated only
for the purpose of public-health education by persons not commer-
cially interested, directly or indirectly, in the sale of such drugs
or devices; provided, that whenever the Secretary determines that
an advance in medical science has made any type of self-medication
safe as to any of the diseases named above, the Secretary shall by
regulation authorize the advertisement of drugs Having curative or
therapeutic effect for such disease, subject to such conditions and
restrictions as the Secretary may deem necessary in the interests of
public health; and provided, further, that this subsection shall not
be construed as indicating that self-medication for diseases other
than those named herein is safe or efficacious.

191B.

(a) The authority to promulgate regulations for the efficient en-
forcement of this subheading is hereby vested in the Secretary. The
Secretary is hereby authorized to make the regulations promulgated
under this subheading conform, insofar as practicable, with those
promulgated under the Federal Act.