Title 15Commerce and TradeRelease 119-73

§55 Additional definitions

Title 15 › Chapter CHAPTER 2— - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION › Subchapter SUBCHAPTER I— - FEDERAL TRADE COMMISSION › § 55

Last updated Apr 6, 2026|Official source

Summary

Gives simple meanings for several words used later in the law. False advertisement means an ad (not a label) that is misleading in an important way. You judge that by what the ad says or shows and by what it hides about important facts or possible results when used as directed or in usual ways. A drug ad sent only to doctors is not false if it tells the truth about important facts and always shows the exact amounts of each ingredient. For oleomargarine or margarine, an ad is misleading if it makes the product look like a dairy product, but a full, truthful ingredient list is allowed. Food means things people or animals eat or drink, chewing gum, and ingredients used in them. Drug means items listed in official drug books or things meant to diagnose, treat, prevent disease, or change the body’s structure or function, and parts used in those items; it does not include devices. Device means instruments or similar articles (and their parts) used for diagnosis, treatment, prevention, or to affect the body, or listed in official drug books. Cosmetic means items applied to the body to clean, beautify, or change appearance and their components, but not soap. Oleomargarine or margarine means any product called margarine and any butter-like spread made with edible oils or fats instead of milk fat when made to imitate butter.

Full Legal Text

Title 15, §55

Commerce and Trade — Source: USLM XML via OLRC

For the purposes of sections 52 to 54 of this title
(a)(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)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)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)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
(e)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (d). Pub. L. 94–295 expanded definition of “device” to include implements, machines, implants, in vitro reagents, and other similar or related articles, added recognition in the National Formulary or the United States Pharmacopeia, or any supplement to the Formulary or Pharmacopeia, to the enumeration of conditions under which a device may qualify for inclusion under this chapter, and inserted requirements that a device be one 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. 1950—Subsec. (a). Act Mar. 16, 1950, § 4(a), designated existing provisions as par. (1) and added par. (2) relating to oleomargarine. Subsec. (f). Act Mar. 16, 1950, § 4(b), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1950 AmendmentAmendment by act Mar. 16, 1950, effective July 1, 1950, see note set out under section 347 of Title 21, Food and Drugs.

Reference

Citations & Metadata

Citation

15 U.S.C. § 55

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73