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(1) A person commits an offence if that person labels, packages, sells or advertises a drug, a herbal medicinal product, cosmetic, medical device or household chemical substance

(a) in contravention of Regulations or Guidelines made under this Part, or

(b) in a manner, that is false, misleading or deceptive or misbranded as regards its character, constitution, value, potency, quality, composition, merits or safety.

(2) For the purposes of subsection (1), a drug or herbal medicinal product is misbranded

(a) if it is so coloured, coated, powdered or polished in a manner

that changes the product or if it is made to appear to be of a better or greater therapeutic value than it really is, or

(b) if it is not labeled in the prescribed manner, or

(c) if its label or container or anything accompanying the drug or herbal medicinal product bears a statement, design or device which makes a false claim for the drug or herbal medicinal product, or which is false or misleading.