Sec. 431.003. ARTICLE MISBRANDED BECAUSE OF MISLEADING LABELING OR ADVERTISING. If an article is alleged to be misbranded because the labeling or advertising is misleading, then in determining whether the labeling or advertising 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 of these, but also the extent to which the labeling or advertising 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 advertising relates under the conditions of use prescribed in the labeling or advertising thereof, or under such conditions of use as are customary or usual.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 150, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 431 - Texas Food, Drug, and Cosmetic Act
Subchapter A. General Provisions
Section 431.003. Article Misbranded Because of Misleading Labeling or Advertising
Section 431.004. Representation of Drug as Antiseptic
Section 431.005. Provisions Regarding Sale of Food, Drugs, Devices, or Cosmetics
Section 431.006. Certain Combination Products
Section 431.007. Compliance With Other Law; Molluscan Shellfish
Section 431.009. Applicability of Chapter to Frozen Desserts
Section 431.010. Applicability of Chapter to Milk and Milk Products
Section 431.011. Applicability of Chapter to Consumable Hemp Products and Manufacturers