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U.S. Code as of:
01/19/04
Section 54. False advertisements; penalties
(a) Imposition of penalties
Any person, partnership, or corporation who violates any
provision of section 52(a) of this title shall, if the use of the
commodity advertised may be injurious to health because of results
from such use under the conditions prescribed in the advertisement
thereof, or under such conditions as are customary or usual, or if
such violation is with intent to defraud or mislead, be guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not
more than $5,000 or by imprisonment for not more than six months,
or by both such fine and imprisonment; except that if the
conviction is for a violation committed after a first conviction of
such person, partnership, or corporation, for any violation of such
section, punishment shall be by a fine of not more than $10,000 or
by imprisonment for not more than one year, or by both such fine
and imprisonment: Provided, That for the purposes of this section
meats and meat food products duly inspected, marked, and labeled in
accordance with rules and regulations issued under the Meat
Inspection Act [21 U.S.C. 601 et seq.] shall be conclusively
presumed not injurious to health at the time the same leave
official "establishments."
(b) Exception of advertising medium or agency
No publisher, radio-broadcast licensee, or agency or medium for
the dissemination of advertising, except the manufacturer, packer,
distributor, or seller of the commodity to which the false
advertisement relates, shall be liable under this section by reason
of the dissemination by him of any false advertisement, unless he
has refused, on the request of the Commission, to furnish the
Commission the name and post-office address of the manufacturer,
packer, distributor, seller, or advertising agency, residing in the
United States, who caused him to disseminate such advertisement. No
advertising agency shall be liable under this section by reason of
the causing by it of the dissemination of any false advertisement,
unless it has refused, on the request of the Commission, to furnish
the Commission the name and post-office address of the
manufacturer, packer, distributor, or seller, residing in the
United States, who caused it to cause the dissemination of such
advertisement.
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