(1) If its labeling is false or misleading in any particular.
(2) If in package form, it does not bear a label containing:
(a) The name and place of business of the manufacturer, packer, or distributor;
(b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; however, under this paragraph reasonable variations are permitted, and the department shall establish by rule exemptions for small packages; and
(c) A declaration of ingredients in descending order of predominance, or as otherwise required by federal law.
(3) If any word, statement, or other information required by or under authority of this part 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 the word, statement, or other information likely to be read and understood by an individual under customary conditions of purchase and use.
(4) If its container is so made, formed, or filled as to be misleading.
(5) If it is a color additive, its packaging and labeling are not in conformity with the packaging and labeling requirements applicable to that color additive prescribed under the federal act. This subsection does not apply to packages of color additives that, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes.
History.—s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 13, 52, ch. 92-69; s. 9, ch. 2008-207.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 499 - Florida Drug and Cosmetic Act
Part I - Drugs; Devices; Cosmetics; Household Products (Ss. 499.001-499.067)
499.001 - Florida Drug and Cosmetic Act; short title.
499.002 - Purpose, administration, and enforcement of and exemption from this part.
499.003 - Definitions of terms used in this part.
499.0054 - Advertising and labeling of drugs, devices, and cosmetics; exemptions.
499.006 - Adulterated drug or device.
499.007 - Misbranded drug or device.
499.008 - Adulterated cosmetics.
499.009 - Misbranded cosmetics.
499.012 - Permit application requirements.
499.0121 - Storage and handling of prescription drugs; recordkeeping.
499.01211 - Drug Wholesale Distributor Advisory Council.
499.015 - Registration of drugs and devices; issuance of certificates of free sale.
499.023 - New drugs; sale, manufacture, repackaging, distribution.
499.024 - Drug product classification.
499.025 - Drug products in finished, solid, oral dosage form; identification requirements.
499.028 - Drug samples or complimentary drugs; starter packs; permits to distribute.
499.0285 - International Prescription Drug Importation Program.
499.02851 - Federal arrangement to operate a pilot program for importing prescription drugs.
499.029 - Cancer Drug Donation Program.
499.0295 - Experimental treatments for terminal conditions.
499.03 - Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
499.032 - Phenylalanine; prescription required.
499.033 - Ephedrine; prescription required.
499.035 - Dimethyl sulfoxide (DMSO); labeling and advertising.
499.036 - Restrictions on sale of dextromethorphan.
499.051 - Inspections and investigations.
499.052 - Records of interstate shipment.
499.055 - Reports and dissemination of information by department.
499.057 - Expenses and salaries.
499.062 - Seizure and condemnation of drugs, devices, or cosmetics.
499.065 - Inspections; imminent danger.
499.066 - Penalties; remedies.
499.0661 - Cease and desist orders; removal of certain persons.
499.067 - Denial, suspension, or revocation of permit, certification, or registration.