(1) an article is alleged to be misbranded because the labeling is misleading; or

(2) an advertisement is alleged to be false because the advertisement is misleading;

in determining whether the labeling or advertisement is misleading, there shall be taken into account among other items not only representations made or suggested by statement, word, design, device, sound, or any combination of those methods, but also the extent to which the labeling or advertisement fails to reveal facts that are material in the light of representations or that are material with respect to consequences that 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 or under conditions of use that are customary or usual.

[Pre-1993 Recodification Citation: 16-1-28-3(l) part.]

As added by P.L.2-1993, SEC.25.