15 U.S.C. § 55 : US Code - Section 55: Additional definitions

Search 15 U.S.C. § 55 : US Code - Section 55: Additional definitions

For the purposes of sections 52 to 54 of this title -
(a) False advertisement
(1) The term "false advertisement" means an advertisement, other
than labeling, which is misleading in a material respect; and in
determining whether any 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 any
combination thereof, but also the extent to which the advertisement
fails to reveal facts material in the light of such representations
or material with respect to consequences which may result from the
use of the commodity to which the advertisement relates under the
conditions prescribed in said advertisement, or under such
conditions as are customary or usual. No advertisement of a drug
shall be deemed to be false if it is disseminated only to members
of the medical profession, contains no false representation of a
material fact, and includes, or is accompanied in each instance by
truthful disclosure of, the formula showing quantitatively each
ingredient of such drug.
(2) In the case of oleomargarine or margarine an advertisement
shall be deemed misleading in a material respect if in such
advertisement representations are made or suggested by statement,
word, grade designation, design, device, symbol, sound, or any
combination thereof, that such oleomargarine or margarine is a
dairy product, except that nothing contained herein shall prevent a
truthful, accurate, and full statement in any such advertisement of
all the ingredients contained in such oleomargarine or margarine.
(b) Food
The term "food" means (1) articles used for food or drink for man
or other animals, (2) chewing gum, and (3) articles used for
components of any such article.
(c) Drug
The term "drug" means (1) articles recognized in the official
United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of
the United States, or official National Formulary, or any
supplement to any of them; and (2) articles intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
man or other animals; and (3) articles (other than food) intended
to affect the structure or any function of the body of man or other
animals; and (4) articles intended for use as a component of any
article specified in clause (1), (2), or (3); but does not include
devices or their components, parts, or accessories.
(d) Device
The term "device" (except when used in subsection (a) of this
section) means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related
article, including any component, part, or accessory, which is -
(1) recognized in the official National Formulary, or the
United States Pharmacopeia, or any supplement to them,
(2) intended for use in the diagnosis of disease or other
conditions, or in the cure, mitigation, treatment, or prevention
of disease, in man or other animals, or
(3) intended to affect the structure or any function of the
body of man or other animals, and
which does not achieve any of its principal intended purposes
through chemical action within or on the body of man or other
animals and which is not dependent upon being metabolized for the
achievement of any of its principal intended purposes.
(e) Cosmetic
The term "cosmetic" means (1) articles to be rubbed, poured,
sprinkled, or sprayed on, introduced into, or otherwise applied to
the human body or any part thereof intended for cleansing,
beautifying, promoting attractiveness, or altering the appearance,
and (2) articles intended for use as a component of any such
article; except that such term shall not include soap.
(f) Oleomargarine or margarine
For the purposes of this section and section 347 of title 21, the
term "oleomargarine" or "margarine" includes -
(1) all substances, mixtures, and compounds known as
oleomargarine or margarine;
(2) all substances, mixtures, and compounds which have a
consistence similar to that of butter and which contain any
edible oils or fats other than milk fat if made in imitation or
semblance of butter.