(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) 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.