(b) A synthetic drug is illicit if

1. (1) the label

   1. (A) is false or misleading;
   2. (B) does not specify the identity of the substances contained in the synthetic drug; or
   3. (C) does not specify the name and place of business of the manufacturer, packer, or distributor; and

2. (2) the synthetic drug has one or more of the following characteristics:

   1. (A) the packaging or labeling of the synthetic drug suggests that the user will achieve euphoria, a hallucination, mood enhancement, relaxation, stimulation, or another effect on the body;
   2. (B) the name or packaging of the synthetic drug uses images or labels suggesting that it is a controlled substance or has the effect of a controlled substance;
   3. (C) the synthetic drug resembles a controlled substance in appearance, in chemical structure, or composition;
   4. (D) the synthetic drug is marketed or advertised for a particular use or purpose and the cost of the synthetic drug is disproportionately higher than other products marketed or advertised for the same or similar use or purpose;
   5. (E) the synthetic drug contains a warning label stating or suggesting that the synthetic drug is in compliance with state laws regulating controlled substances;
   6. (F) the synthetic drug is a product to which has been added a synthetic chemical or synthetic chemical compound that does not have a legitimate relationship to the advertised use of the product.