Florida Statute 499.009 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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F.S. 499.009

499.009 Misbranded cosmetics.—A cosmetic is misbranded:

(1) If its labeling is false or misleading in any particular.

(2) If in package form, it does not bear a label containing:

(a) The name and place of business of the manufacturer, packer, or distributor;

(b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; however, under this paragraph reasonable variations are permitted, and the department shall establish by rule exemptions for small packages; and

(3) If any word, statement, or other information required by or under authority of this part to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling, and in such terms, as to render the word, statement, or other information likely to be read and understood by an individual under customary conditions of purchase and use.

(4) If its container is so made, formed, or filled as to be misleading.

(5) If it is a color additive, its packaging and labeling are not in conformity with the packaging and labeling requirements applicable to that color additive prescribed under the federal act. This subsection does not apply to packages of color additives that, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes.

History.—s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 13, 52, ch. 92-69; s. 9, ch. 2008-207.

F.S. 499.009 on Google Scholar

F.S. 499.009 on Casetext

Amendments to 499.009

Arrestable Offenses / Crimes under Fla. Stat. 499.009

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 499.009.

Annotations, Discussions, Cases:

Cases Citing Statute 499.009

Total Results: 4

Thompson v. State

Court: Fla. | Date Filed: 2000-04-13T00:00:00-07:00

Citation: 759 So. 2d 650

Snippet: Thompson v. State, 619 So.2d 261 (Fla.1993) (No. 75,499). [9] This Court has already concluded that although

Palm Harbor Special Fire Control District v. Kelly

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-23T00:00:00-08:00

Citation: 500 So. 2d 1382, 12 Fla. L. Weekly 346, 1987 Fla. App. LEXIS 6419

Snippet: Fla.1960), cert. denied, 371 U.S. 947, 83 S.Ct. 499, 9 L.Ed.2d 497 (1963), the Florida Supreme Court held

Simonin v. Sims

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-29T00:00:00-07:00

Citation: 456 So. 2d 499, 9 Fla. L. Weekly 1874, 1984 Fla. App. LEXIS 14912

Snippet: Downey, James, Mark, Purdy 29 August 1984 456 So. 2d 499, 9 Fla. L. Weekly 1874, 1984 Fla. App. LEXIS 14912

Mears v. Luterman

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-31T00:00:00-07:00

Citation: 453 So. 2d 499, 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14181

Snippet: Ferguson, Hendry, Schwartz 31 July 1984 453 So. 2d 499, 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14181