Code of Alabama

Ala. Code § 13A-9-41 (2026)

Deceptive Business Practices.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he:

(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or

(2) Sells, offers or exposes for sale, or delivers, less than the represented quantity of any commodity or service; or

(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(4) Sells, offers or exposes for sale adulterated commodities; or

(5) Sells, offers or exposes for sale mislabeled commodities.

(b) It shall be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

(c) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.

(d) “Mislabeled” means:

(1) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or

(2) Represented as being another person’s product, though otherwise labeled accurately as to quality and quantity.

(e) Deceptive business practices is a Class B misdemeanor.

(Acts 1977, No. 607, p. 812, §4105.)

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2021 · leading case: Cook v. Wyeth Pharm., Inc (N.D. Ala. 2020).

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Cook v. Wyeth Pharm., Inc (N.D. Ala. 2020). · cites it 18× “Cook asserts that Par violated its duty under Alabama Code § 13A-9-41 when it varied from the labeling requirements in 21 C.”

Heather Moore Cook v. PAR Pharm., Inc. (11th Cir. 2021). · cites it 3× “Par argues that Alabama Code § 13A-9-41 imposes no duty on Par to ensure that patients prescribed amiodarone, like Mr.”

— Ala. Code § 13A-9-41(a)(5) — 1 case

Cook v. Wyeth Pharm., Inc (N.D. Ala. 2020). “Cook asserts that Par violated its duty under Alabama Code § 13A-9-41 when it varied from the labeling requirements in 21 C.”

— Ala. Code § 13A-9-41(d) — 1 case

Cook v. Wyeth Pharm., Inc (N.D. Ala. 2020). “Cook asserts that Par violated its duty under Alabama Code § 13A-9-41 when it varied from the labeling requirements in 21 C.”

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