§54 False Advertisements; Penalties

Summary

People who break the ban on false product advertising can be charged with a crime if the advertised use could make the product harmful to health under the ad’s instructions or normal use, or if the ad was meant to cheat or mislead people. If convicted, they can be fined up to $5,000, jailed up to six months, or both. A later conviction for the same offense raises the penalties to a fine up to $10,000, jail up to one year, or both. Meat and meat products inspected and labeled under the Meat Inspection Act are treated as not harmful when they leave inspected plants. Publishers, radio stations, and other places that run ads are not punished under this rule for carrying a false ad unless the Commission asks them for the U.S. name and address of the maker, packer, distributor, seller, or ad agency responsible and they refuse to give it. Advertising agencies are also protected unless they refuse to provide that name and address when asked.