§328-3  Same; misbranding or misleadingadvertisement.  (a)  If an article is alleged to be misbranded because thelabeling is misleading, or if an advertisement is alleged to be false becauseit is misleading, then in determining whether the labeling or advertisement ismisleading, there shall be taken into account (among other things) not onlyrepresentations made or suggested by statement, word, design, device, sound, orin any combination thereof, but also the extent to which the labeling oradvertisement fails to reveal facts material in the light of therepresentations or material with respect to consequences which may result fromthe use of the article to which the labeling or advertisement relates under theconditions of use prescribed in the labeling or advertisement thereof or undersuch conditions of use as are customary or usual.

(b)  "Advertisement" means allrepresentations disseminated in any manner or by any means, other than bylabeling, for the purpose of inducing, or which are likely to induce, directlyor indirectly, the purchase of food, drugs, devices, or cosmetics. [L 1941, c318, pt of §2; RL 1945, §2203; RL 1955, §51-3; HRS §328-3]