1922

LAWS OF MARYLAND

Ch. 240

UNLESS THE PERSON ALSO IS THE MANUFACTURER, PACKER,
DISTRIBUTOR, OR SELLER OF THE ARTICLE, A PUBLISHER, RADIO OR
TELEVISION BROADCAST LICENSE -HOLDER, OR OTHER AGENCY OR
MEDIUM FOR THE DISSEMINATION OF AN ADVERTISEMENT IS NOT
LIABLE UNDER THIS SUBTITLE FOR THE DISSEMINATION BY THAT
PERSON OF A FALSE ADVERTISEMENT CONCERNING A FOOD, DRUG,
DEVICE, OR COSMETIC.

REVISOR'S NOTE: This section in new language derived
without substantive change from former Article
43, § 187D(b) and (c).

The attention of the General Assembly is called
to subsections (a) and (b) of this section.
Under those subsections, a criminal defendant has
the burden of making several showings by a
preponderance of the evidence. The Commission to
Revise the Annotated Code has considerable
reservation about the constitutionality of those
subsections. Furthermore, those subsections may
not express that which the General Assembly
intended. Because a major substantive revision
of those subsections may be in order, the
Commission suggests that the General Assembly may
wish to study those subsections for future
change.

4-261. RESERVED.

4-262. RESERVED.

PART VII. SHORT TITLE.

4-263. SHORT TITLE.

THIS SUBTITLE MAY BE CITED AS THE "MARYLAND FOOD, DRUG,
AND COSMETIC ACT".

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 187.

The only changes are in style.

GENERAL REVISOR'S NOTE:

Former Article 43, § 187A(s), which, in effect,
provided a rule of construction with respect to prohibitions
against contaminating a food, drug, device, or cosmetic with
filth, is deleted as unnecessary and potentially misleading.
Given the absence in this subtitle of an explicit
prohibition against contaminating a food, drug, device, or
cosmetic with filth, the rule of construction was
meaningless.

Former Article 43, § 191E, which provided for the