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Florida Statute 499.002 - Full Text and Legal Analysis
Florida Statute 499.002 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 499.002 Case Law from Google Scholar Google Search for Amendments to 499.002

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 499
FLORIDA DRUG AND COSMETIC ACT
View Entire Chapter
F.S. 499.002
499.002 Purpose, administration, and enforcement of and exemption from this part.
(1) This part is intended to:
(a) Safeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics.
(b) Provide uniform legislation to be administered so far as practicable in conformity with the provisions of, and regulations issued under the authority of, the Federal Food, Drug, and Cosmetic Act and that portion of the Federal Trade Commission Act which expressly prohibits the false advertisement of drugs, devices, and cosmetics.
(c) Promote thereby uniformity of such state and federal laws, and their administration and enforcement, throughout the United States.
(2) The department shall administer and enforce this part to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, repackaging, or distribution of drugs, devices, and cosmetics.
(3) For the purpose of any investigation or proceeding conducted by the department under this part, the department may administer oaths, take depositions, issue and serve subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, or other evidence. The department shall exercise this power on its own initiative. Challenges to, and enforcement of, the subpoenas and orders shall be handled as provided in s. 120.569.
(4) Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports any violation of this part shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
(5) This part does not require the department to report, for the institution of proceedings under this part, minor violations of this part when it believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
(6) Common carriers engaged in interstate commerce are not subject to this part if they are engaged in the usual course of business as common carriers.
(7) Notwithstanding any other law or local ordinance or regulation to the contrary, the regulation of over-the-counter proprietary drugs and cosmetics is expressly preempted to the state.
History.s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 2, 3, ch. 86-133; s. 2, ch. 87-50; ss. 2, 4, 6, 48, 49, 50, 52, ch. 92-69; s. 240, ch. 96-410; s. 236, ch. 99-8; s. 1, ch. 2008-207; s. 1, ch. 2020-118.
Note.Subsection (2) former s. 499.004; subsection (3) former s. 499.0053; subsection (4) former s. 499.07; subsection (5) former s. 499.071; subsection (6) former s. 499.081.

F.S. 499.002 on Google Scholar

F.S. 499.002 on CourtListener

Amendments to 499.002


Annotations, Discussions, Cases:

Cases Citing Statute 499.002

Total Results: 5

T.W.M. v. American Medical System, Inc.

886 F. Supp. 842, 1995 U.S. Dist. LEXIS 7231, 1995 WL 319071

District Court, N.D. Florida | Filed: Apr 19, 1995 | Docket: 2448242

Cited 29 times | Published

.. involving drugs, devices, and cosmetics." § 499.002(1), Fla.Stat. (1993). Section 499.004 charges

3m Health Care, Ltd. v. Richard R. Grant, Administrator, Pharmacy Program, Florida Department of Health and Rehabilitative Services, State of Florida

908 F.2d 918, 1990 U.S. App. LEXIS 13733, 1990 WL 104159

Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 1990 | Docket: 1115276

Cited 3 times | Published

cosmetics. ****** Id. at § 499.002. The State of Florida describes its powers

United States v. Franck's Lab, Inc.

816 F. Supp. 2d 1209, 2011 U.S. Dist. LEXIS 102560, 2011 WL 4031102

District Court, M.D. Florida | Filed: Sep 12, 2011 | Docket: 65976051

Cited 1 times | Published

the Federal Food, Drug, and Cosmetic Act,” id. § 499.002(b) (emphasis added), defines “manufacture” as

Fields v. Mylan Pharmaceuticals, Inc.

751 F. Supp. 2d 1257, 2009 U.S. Dist. LEXIS 130126, 2009 WL 7115134

District Court, N.D. Florida | Filed: Feb 11, 2009 | Docket: 2337666

Cited 1 times | Published

devices, and cosmetics." Fla. Stat. § 499.002(1)(a)(2008). Section 499.002 provides that the Florida Department

Ronald Brown, Jr. v. Sheriff Mike Williams

270 So. 3d 447

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14824711

Published

deceit involving drugs, devices, and cosmetics.” § 499.002(1)(a), Fla. Stat. (2015). Below, Smokers