SECTIONS 110290-110335 - California Statutes

HEALTH AND SAFETY CODE

SECTION 110290-110335

110290. In determining whether the labeling or advertisement of a
food, drug, device, or cosmetic is misleading, all representations
made or suggested by statement, word, design, device, sound, or any
combination of these, shall be taken into account. The extent that
the labeling or advertising fails to reveal facts concerning the
food, drug, device, or cosmetic or consequences of customary use of
the food, drug, device, or cosmetic shall also be considered.

110295. The requirement that any word, statement, or other
information appear on the label shall not be considered to be
complied with unless the word, statement, or other information also
appears on the outside container or wrapper of the retail package of
any food, drug, device, or cosmetic, or is easily legible through the
outside container or wrapper.

110300. It is unlawful for any person to forge, counterfeit,
simulate, falsely represent, or without proper authority use, any
mark, stamp, tag, label, or other identification device that is
authorized or required by regulations adopted pursuant to this part
or the federal act.

110310. It is unlawful for any manufacturer, packer, or distributor
of a prescription drug or device offered for sale in this state to
fail to maintain for transmittal or to fail to transmit to any
practitioner licensed by applicable state law to administer the drug
or device who makes written request for information as to the drug or
device true and correct copies of all printed matter that is
required to be included in any package in which that drug or device
is distributed or sold. Nothing in this section shall be construed to
exempt any person from any labeling requirement imposed by or under
other provisions of this part.

110315. It is unlawful for any person, with the intent to deceive,
to place, or cause to be placed upon any food, drug, device, or
cosmetic, or its package, the trade name or other identifying mark or
imprint of another person or any likeness of the trade name or other
identifying mark or imprint of another person.

110320. It is unlawful for any person to sell, dispense, dispose
of, hold, or conceal any food, drug, device, or cosmetic or its
package, with knowledge that the trade name or other identifying
marks, imprint, or likeness of the trade name or other identifying
mark or imprint of another person has been placed on the food, drug,
device, or cosmetic or its package in a manner prohibited by Section
110315.

110325. It is unlawful for any person to possess, make, sell,
dispose of, cause to be made, or conceal any punch, die, plate, or
other device that may be used to render a food, drug, device, or
cosmetic or its package or labeling a counterfeit.

110330. It is unlawful for any person to do any act that causes any
food, drug, device, or cosmetic to be a counterfeit, or to sell,
dispense, or hold for sale or dispensing, the counterfeit food, drug,
device, or cosmetic.

110335. The department may adopt regulations exempting from any
labeling or packaging requirements of this part any food, drug,
device, or cosmetic that is in accordance with the practice of the
trade, to be processed, labeled, or repacked in substantial
quantities at establishments other than those where originally
processed and packed, on condition that the food, drug, device, or
cosmetic is not adulterated or misbranded under the provisions of
this part upon removal from the processing, labeling, or repacking
establishment. Such food, drug, device, or cosmetic is subject to all
other applicable provisions of this part.
All regulations relating to the exemptions that are in effect on
the effective date of this part, or that are adopted on or after that
date, pursuant to the federal act, are automatically effective in
this state. The department may, however, adopt any additional
regulations concerning exemptions.