O.C.G.A. § 26-3-14 (2019)
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.
History
Ga. L. 1961, p. 529, § 2; Code 1933,
§ 79A-1002, enacted by Ga. L. 1967, p. 296, § 1.
Annotations
RESEARCH REFERENCES Am. Jur. 2d. 3 Am. Jur. 2d, Advertising, §§ 2, 6. 25 Am. Jur. 2d, Drugs and Controlled Substances, § 1 et seq. 32 Am. Jur. 2d, False Pretenses, § 79 et seq. 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 mis-
branding 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.
STDS., LBLG., ADULTERATION DRUGS/COSMETICS