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(b) If in package form it fails to bear a label contain

2 ing: (1) The name and place of business of the manufac

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turer, packer, seller, or distributor; and (2) an accurate 4 statement of the quantity of the contents in terms of weight,

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measure, or numerical count: Provided, That under subdivi

6 sion (2) of this paragraph reasonable variations shall be

7 permitted, and exemptions as to small packages shall be 8 established, by regulations prescribed by the Secretary.

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(c) If any word, statement, or other information 10 required on the label to avoid adulteration or misbranding under any provision of this Act is not prominently placed thereon in such a manner as to be easily seen and in such

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terms as to be readily intelligible to the purchasers and users of such articles under customary conditions of purchase 15 and use.

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(d) The Secretary is hereby authorized to promulgate 17 regulations exempting from any labeling or packaging 18 requirement of this Act cosmetics which are, in accordance

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with the practice of the trade, processed, labeled, or repacked 20 in substantial quantities at establishments other than those 21 where originally processed or packed, on condition that such 22 cosmetics are in conformity with the provisions of this Act upon removal from such processing, labeling, or repacking 24 establishment.

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1 TOLERANCES FOR POISONOUS INGREDIENTS IN COSMETICS

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SEC. 503 (a) If a poisonous or deleterious substance

in cosmetics is or may be injurious to health, the Secretary

4 is hereby authorized to promulgate regulations, as provided

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by sections 701 and 703, prohibiting such substance 6 in or on any cosmetic, or establishing tolerances limiting 7 the amount therein or thereon, for the protection of public 8 health, taking into account the extent to which the use of such substance is required in the production of such cos10 metic and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.

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CHAPTER VI

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FALSE ADVERTISEMENT

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SECTION 601. (a) An advertisement of a food, drug,

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or cosmetic shall be deemed to be false if it is false or mis17 leading in any particular relevant to the purposes of this 18 Act regarding such food, drug, or cosmetic. Any repre19 sentation concerning any effect of a drug shall be deemed to 20 be false under this paragraph if in every particular such 21 representation is not sustained by demonstrable scientific 22 facts or substantial medical opinion.

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(b) It shall be unlawful to advertise for sale in interstate commerce a drug represented to have any therapeutic

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1 effect in the treatment of cancer, tuberculosis, venereal dis

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eases, heart and vascular diseases, as well as any other

disease which may be added to this list by regulations as

4 provided by sections 701 and 703; except that no advertisement not in violation of paragraph (a) of this sec tion shall be deemed to be false under this paragraph if it is

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disseminated only to members of the medical and pharmace

tical professions or appears only in the scientific periodicals

of these professions, or if it is disseminated only for the 10 purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such

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12 drugs.

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SECTION 701. (a) The authority to make regulations

for the efficient enforcement of this Act, except as otherwise is provided in this section, is hereby vested in the Secretary. (b) The Secretary of the Treasury and the Secretary

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of Agriculture shall jointly prescribe regulations for the 21 efficient enforcement of the provisions of section 714. Such 22 regulations shall be promulgated in such manner and take 23 effect at such time as the Secretary of Agriculture shall 24 determine.

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(c) Hearings authorized or required by this Act shall

be conducted by the Secretary or such officer or employee

as he may designate for the purpose.

COURT REVIEW OF REGULATIONS

SEC. 702. The district courts of the United States are 6 hereby vested with jurisdiction, on complaint of any inter7 ested person, to restrain by injunction, temporary or per8 manent, the enforcement by any officer, representative, or 9 employee of the Department of Agriculture of any regulation promulgated as provided in sections 701 and 703 if it is 11 shown that the regulation is unreasonable, arbitrary, or 12 capricious, or not in accordance with law, and that the 13 petitioner will suffer substantial damage by reason of its 14 enforcement: Provided, That nothing in this section shall 15 be deemed to abridge the right of any person against whom 16 a criminal prosecution or suit for injunction shall have been 17 brought under this Act, or who shall intervene as claimant 18 in any proceeding of libel for condemnation to plead that the 19 regulation whose violation is alleged as the ground for such prosecution, suit, or libel is invalid on any of the grounds set 21 forth above.

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PUBLIC HEALTH AND FOOD STANDARDS COMMITTEES

SEC. 703. (a) To aid and advise the Secretary in 24 promulgating regulations for the protection of public health, as contemplated by section 301, paragraphs (a) and (d);

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1 section 401, paragraph (b); section 501, paragraph (b);

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section 302, paragraph (j); section 402, paragraphs (d),

(f), (h), (j), and (k); sections 304, 305, 503, and section 4 601, paragraph (1), a Committee on Public Health is

5 hereby provided which shall consist of five members desig

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nated by the President with a view to their distinguished

7 scientific attainment and interest in public health and without regard to their political affiliation.

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(b) To aid and advise the Secretary in the promulga

tion of regulations with respect to food, as contemplated by

section 302, paragraphs (c), (g), and (h); and section 12 303, a Committee on Food Standards is hereby provided which shall consist of seven members, three of whom shall be selected from the public, two from the food producing, 15 processing, manufacturing, and distributing industry, and two from the Food and Drug Administration. The members selected from the public and the food industry shall be 18 appointed by the President without regard to political 19 affiliation, and the members from the Food and Drug Administration shall be designated by the Secretary.

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(c) Whenever the Secretary deems that any regulation 22 contemplated by the provisions of this Act enumerated in 23 paragraphs (a) and (b) of this section should be estab24 lished, he shall so advise the appropriate committee. With the approval of a majority of its members, the committee

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