manufacturer
(1) Requirement (A) Cautionary statement Any advertisement by a retailer, manufacturer, importer, distributor, or private labeler (including advertisements on Internet websites or in catalogues or other printed materials) that provides a direct means for the purchase or order of a product for which a cautionary statement is required under subsection (a) or (b) shall include the appropriate cautionary statement displayed on or immediately adjacent to that advertisement, as modified by regulations issued under paragraph (3). (B) Application to retailers (i) Requirement to inform A manufacturer, importer, distributor, or private labeler that provides such a product to a retailer shall inform the retailer of any cautionary statement requirement applicable to the product. (ii) Retailer’s requirement to inquire A retailer is not in violation of subparagraph (A) if the retailer requested information from the manufacturer, importer, distributor, or private labeler as to whether the cautionary statement required by subparagraph (A) applies to the product that is the subject of the advertisement and the manufacturer, importer, distributor, or private labeler provided false information or did not provide such information. (C) Display The cautionary statement required by subparagraph (A) shall be prominently displayed— (i) in the primary language used in the advertisement; (ii) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement; and (iii) in a manner consistent with part 1500 of title 16, Code of Federal Regulations . (D) Definitions In this subsection: (i) The terms “manufacturer”, “distributor”, and “private labeler” have the meaning given those terms in section 2052 of this title . (ii) The term “retailer” has the meaning given that term in section 2052 of this title , but does not include an individual whose selling activity is intermittent and does not constitute a trade or business.