(1) A person who gives with any food or drug sold by him or her, or displays with any food or drug exposed by him or her for sale, a label, whether attached to or printed on the wrapper or container or not, which—
(a) falsely describes the food or drug; or
(b) is calculated to mislead as to its nature, substance or quality,
commits an offence under this Act, unless he or she proves that he or she did not know, and could not with reasonable diligence have ascertained, that the label was of such a character as aforesaid.
(2) Subject to the next following subsection, a person who publishes, or is a party to the publication of, an advertisement (not being such a label so given or displayed by him or her as aforesaid) which—
(a) falsely describes any food or drug; or
(b) is calculated to mislead as to the nature, substance or quality of any food or drug,
commits an offence under this Act; and in any proceedings under this subsection against the manufacturer, producer or importer of the food or drug, it shall rest on the defendant to prove that he or she did not publish, and was not a party to the publication of, the advertisement.
(3) In proceedings under the last foregoing subsection it is a defence for the defendant to prove either—
(a) that he or she did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a character as is described in that subsection; or
(b) that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he or she received the advertisement for publication in the ordinary course of business.
(4) It is hereby declared that, for the purposes of this section, a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of the food.
(5) In proceedings for an offence under this section the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food or drug shall not preclude the court from finding that the offence was committed.
(6) In this section, except so far as it relates to drugs, references to sale shall be construed as references to sale for human consumption.