Labels and advertisements describing incorrectly food or drug

(1) A person who gives with any food or drug sold by him a label, whether attached to or printed on the wrapper or container or not, which falsely describes that food or drug, or is otherwise calculated to mislead as to its nature, substance or quality commits an offence, unless he proves that he did not know, and could not with reasonable diligence have ascertained, that the label was of such a character as aforesaid. (2) A person who publishes or is a party to the publication of an advertisement (not being such a label so given by him as aforesaid) which falsely describes any food or drug, or is otherwise calculated to mislead as to its nature, substance or quality, commits an offence. (3) In proceedings under sub-section (2), it shall be a defence for the defendant to prove either– (a) that he did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a character as aforesaid; or 19 (b) that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business. (4) In any such proceedings as aforesaid against the manufacturer, producer or importer of the food or drug, it shall rest on the defendant to prove that he did not publish, and was not a party to the publication of, the advertisement.