; (B) the statement is based upon adequate data to support the finding of safety, and such data are available to the Secretary; and (C) the statement is published and endorsed by the medical or scientific body and is not a statement of an employee of such body made in the individual capacity of the employee. (c) Rebuttal of presumption Not­with­stand­ing subsection (b), a determination under subsection (a) will not be presumed to be based on adequate evidence if— (1) the Secretary issues an order under section 608 that an ingredient or nonfunctional constituent in the finished product is not safe under the product’s conditions of use or customary or usual use; or (2) the Secretary has provided the manufacturer with notice that— (A) the manufacturer has not met the criteria under subsection (b)