HARRY HUGHES, Governor                               1905

THE SECRETARY MAY:

(1)  PUBLISH SUMMARIES OF JUDGMENTS, DECREES, OR
COURT ORDERS ISSUED UNDER THIS SUBTITLE;

(2)  OTHERWISE COLLECT, REPORT, OR ILLUSTRATE THE
RESULTS OF ANY INVESTIGATION CONDUCTED UNDER THIS SUBTITLE;
AND

(3)  DISSEMINATE ANY INFORMATION REGARDING ANY
FOOD, DRUG, DEVICE, OR COSMETIC IF THE SECRETARY CONSIDERS
THE INFORMATION NECESSARY FOR THE PUBLIC HEALTH OR FOR THE
PROTECTION OF CONSUMERS AGAINST FRAUD.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 191D, the second sentence of § 194, and the
second clause of the first sentence of § 209.

In subsection (a)(1) of this section, references
to any person who "packs" or "stores" are added
to include expressly all of those persons who are
subject to regulation under this subtitle. The
terms "device" and "cosmetic" also are added to
conform to the terminology used elsewhere
throughout this subtitle.

4-245. RESERVED.

4-246. RESERVED.

PART VI. ENFORCEMENT OF SUBTITLE; PROHIBITED ACTS.

4-247. FALSE ADVERTISING.

FOR PURPOSES OF THIS SUBTITLE, AN ADVERTISEMENT FOR A
FOOD, DRUG, DEVICE, OR COSMETIC IS CONSIDERED TO BE FALSE IF
IT IS FALSE OR MISLEADING IN ANY WAY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 191A(a).

4-248. PARTICULAR REPRESENTATIONS REGARDING DRUGS AND
DEVICES CONSIDERED FALSE ADVERTISEMENTS.

(A) IN GENERAL.

IN ADDITION TO ANY FINDING THAT MAY BE MADE UNDER §
4-247 OF THIS SUBTITLE AND EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, AN ADVERTISEMENT IS CONSIDERED TO BE FALSE IF
IT REPRESENTS THAT A DRUG OR DEVICE HAS ANY EFFECT REGARDING
ALBUMINURIA, APPENDICITIS, ARTERIOSCLEROSIS, BLOOD POISON,
BONE DISEASE, BRIGHT'S DISEASE, CANCER, CARBUNCLES,
CHOLECYSTITIS, DIABETES, DIPHTHERIA, DROPSY, ERYSIPELAS,