§328-3  Same; misbranding or misleading
advertisement.  (a)  If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be false because
it is misleading, then in determining whether the labeling or advertisement is
misleading, there shall be taken into account (among other things) not only
representations made or suggested by statement, word, design, device, sound, or
in any combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of the
representations or material with respect to consequences which 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 thereof or under
such conditions of use as are customary or usual.



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