1852

LAWS OF MARYLAND

Ch. 240

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Article
43, § 187A(m).

REVISOR'S NOTE TO SECTION: Former Article 43, §
187A(b), which defined "Secretary", is deleted as
unnecessary in light of the definition of
"Secretary" in § 1-101 of this article.

Former Article 43, § 187A(k), which defined
"principal display panel", is deleted as
unnecessary since that term is not used in this
title.

4-102. SCOPE OF TITLE.

(A)  APPLICATION OF PROVISIONS RELATING TO SALE.

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)  MISLEADING LABELING AND ADVERTISING.

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.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187A(o) and (t).

In subsection (b)(1) of this section, "symbol" is
substituted for "device" for clarity.

4-103. RESERVED.