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O.C.G.A. § 26-3-14 — Factors taken into account in determining whether label or advertisement is misleading | Georgia Code

O.C.G.A. § 26-3-14 (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

26-3-14. Factors taken into account in determining whether label or advertisement is misleading.

If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account, among other things not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(Ga. L. 1961, p. 529, § 2; Code 1933, § 79A-1002, enacted by Ga. L. 1967, p. 296, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, §§ 2, 6. 25 Am. Jur. 2d, Drugs and Controlled Substances, § 1. 32 Am. Jur. 2d, False Pretenses, § 75.

C.J.S.

- 20 C.J.S., Cosmetic, 1 et seq. 28 C.J.S., Drugs and Narcotics, §§ 2, 19-21. 37 C.J.S., Fraud, § 85 et seq.

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.

Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer's liability for product-caused injury, 94 A.L.R.3d 1080.

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This Georgia Code resource is curated by Graham W. Syfert, 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.