TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 2. Standards, Labeling, and Adulteration of Food, 26-2-1 through 26-2-441.

ARTICLE 16 COMMON-SENSE CONSUMPTION

26-2-434. Requirements of complaint.

1. In any action exempted under paragraph (1) of Code Section 26-2-433, the complaint initiating such action shall state with particularity the following:
   1. The statute, regulation, or other law of this state or of the United States that was allegedly violated;
   2. The facts that are alleged to constitute a material violation of such statute, regulation, or other law; and
   3. The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.
2. In any action exempted under paragraph (2) of Code Section 26-2-433, in addition to the requirements of subsection (a) of this Code section, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers.
3. For purposes of applying this article, the requirements of this Code section are hereby deemed part of the substantive law of this state and not merely in the nature of procedural provisions.

(Code 1981, §26-2-434, enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196.)