RCW 69.04.016
"Misleading labeling or advertisement," how determined.
If any 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 any combination thereof, but also the extent to which the labeling or 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 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.
[ 1945 c 257 § 17; Rem. Supp. 1945 § 6163-66.]
NOTES:
Crimes relating to advertising: Chapter 9.04 RCW.
Structure Revised Code of Washington
Title 69 - Food, Drugs, Cosmetics, and Poisons
Chapter 69.04 - Intrastate Commerce in Drugs and Cosmetics.
69.04.001 - Statement of purpose.
69.04.003 - "Federal act" defined.
69.04.004 - "Intrastate commerce."
69.04.012 - "Official compendium."
69.04.014 - "Immediate container."
69.04.016 - "Misleading labeling or advertisement," how determined.
69.04.017 - "Antiseptic" as germicide.
69.04.018 - "New drug" defined.
69.04.020 - "Contaminated with filth."
69.04.050 - Remedy by injunction.
69.04.060 - Criminal penalty for violations.
69.04.070 - Additional penalty.
69.04.080 - Avoidance of penalty.
69.04.090 - Liability of disseminator of advertisement.
69.04.100 - Condemnation of adulterated or misbranded article.
69.04.110 - Embargo of articles.
69.04.120 - Procedure on embargo.
69.04.130 - Petitions may be consolidated.
69.04.140 - Claimant entitled to sample.
69.04.150 - Damages not recoverable if probable cause existed.
69.04.170 - Minor infractions.
69.04.180 - Proceedings to be in name of state.
69.04.370 - Right of access for inspection.
69.04.410 - Drugs—Adulteration by harmful substances.
69.04.420 - Drugs—Adulteration for failure to comply with compendium standard.
69.04.430 - Drugs—Adulteration for lack of represented purity or quality.
69.04.440 - Drugs—Adulteration by admixture or substitution of ingredients.
69.04.450 - Drugs—Misbranding by false labeling.
69.04.460 - Packaged drugs—Misbranding.
69.04.470 - Drugs—Misbranding by lack of prominent label.
69.04.480 - Drugs—Misbranding for failure to state content of habit forming drug.
69.04.490 - Drugs—Misbranding by failure to show usual name and ingredients.
69.04.500 - Drugs—Misbranding by failure to give directions for use and warnings.
69.04.510 - Drugs—Misbranding for improper packaging and labeling.
69.04.520 - Drugs—Misbranding for failure to show possibility of deterioration.
69.04.530 - Drugs—Misbranding by misleading representation.
69.04.540 - Drugs—Misbranding by sale without prescription of drug requiring it.
69.04.550 - Drugs exempt if in transit for completion purposes.
69.04.560 - Dispensing of certain drugs exempt.
69.04.565 - DMSO (dimethyl sulfoxide) authorized.
69.04.570 - Introduction of new drug.
69.04.580 - Application for introduction.
69.04.590 - Effective date of application.
69.04.600 - Denial of application.
69.04.610 - Revocation of denial.
69.04.620 - Service of order of denial.
69.04.630 - Drug for investigational use exempt.
69.04.640 - Court review of denial.
69.04.650 - Dispensing of certain drugs exempt.
69.04.660 - Federally licensed drugs exempt.
69.04.670 - Cosmetics—Adulteration by injurious substances.
69.04.680 - Cosmetics—Misbranding by false label, etc.
69.04.690 - Cosmetics—Misbranding by lack of prominent label.
69.04.700 - Cosmetics exempt if in transit for completion purposes.
69.04.710 - Advertisement, when deemed false.
69.04.720 - Advertising of cure of certain diseases deemed false.
69.04.730 - Enforcement, where vested—Regulations.
69.04.740 - Regulations to conform with federal regulations.
69.04.761 - Hearing on proposed regulation—Procedure.
69.04.770 - Review on petition prior to effective date.
69.04.780 - Investigations—Samples—Right of entry—Verified statements.
69.04.790 - Owner may obtain part of sample.
69.04.800 - Access to records of other agencies.
69.04.810 - Access to records of intrastate carriers.
69.04.820 - Right of entry to factories, warehouses, vehicles, etc.
69.04.830 - Publication of reports of judgments, orders and decrees.
69.04.840 - Dissemination of information.
69.04.850 - Construction—1945 c 257.