10 GCA § 40105: Penalty.

(a) Any person who violates any of the provisions of §40103 shall be guilty of a misdemeanor.

(b) No person shall be subject to the penalties of Subsection (a) of this Section, for having violated Section 3(a) or (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the territory of Guam from whom he received in good faith the article, to the effect that such article is not adulterated or misbrand-ed within the meaning of this Act, designated this Act.

(c) No publisher, radio-broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, shall be liable under this Section for the dissemination of such false advertisement.