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O.C.G.A. § 26-3-12 — When a cosmetic deemed misbranded | Georgia Code
O.C.G.A. § 26-3-12 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 3. Standards, Labeling, and Adulteration of Drugs and Cosmetics, 26-3-1 through 26-3-24.

ARTICLE 17 COOPERATION IN IMPLEMENTATION OF FEDERAL FOOD SAFETY MODERNIZATION ACT

26-3-12. When a cosmetic deemed misbranded.

A cosmetic shall be deemed to be misbranded:

  1. If its labeling is false or misleading in any particular;
  2. If in package form unless it bears a label containing:
    1. The name and place of business of the manufacturer, packer, or distributor; and
    2. An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the State Board of Pharmacy;
  3. If any word, statement, or other information required by or under authority of this chapter 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 it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
  4. If its container is so made, formed, or filled as to be misleading.

(Ga. L. 1961, p. 529, § 13; Code 1933, § 79A-1012, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1984, p. 22, § 26.)

Cross references.

- Deceptive trade practices generally, § 10-1-370 et seq.

RESEARCH REFERENCES

ALR.

- Provisions of statutes against misbranding or false labeling of food, drug, or cosmetic products, as applicable to literature other than that attached to product itself, 143 A.L.R. 1453.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.