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.
Structure Georgia Code
Title 26 - Food, Drugs, and Cosmetics
Chapter 3 - Standards, Labeling, and Adulteration of Drugs and Cosmetics
§ 26-3-4. Detention of Adulterated or Misbranded Drugs and Cosmetics
§ 26-3-5. Duty of Prosecuting Attorney Upon Report of Violation; Notice to Possible Defendant
§ 26-3-7. When a Drug or Device Deemed Adulterated
§ 26-3-8. When a Drug or Device Deemed Misbranded
§ 26-3-9. Name and Address of Manufacturer on Label of Drugs Requiring Prescription
§ 26-3-10. Selling, Delivering, or Giving Away of New Drugs; Exemptions
§ 26-3-11. When a Cosmetic Deemed Adulterated
§ 26-3-12. When a Cosmetic Deemed Misbranded
§ 26-3-13. When a Drug, Device, or Cosmetic Advertisement Deemed False
§ 26-3-14. Factors Taken Into Account in Determining Whether Label or Advertisement Is Misleading
§ 26-3-15. Labeling or Advertisement of a Drug as an Antiseptic
§ 26-3-16. Promulgation of Regulations; Conformity With Federal Act
§ 26-3-17. Inspection of Factories, Warehouses, Establishments, or Vehicles; Samples and Specimens
§ 26-3-18. Assistance in Enforcement From Department of Agriculture or Department of Public Health
§ 26-3-19. Reports and Publications by State Board of Pharmacy
§ 26-3-20. Injunctions for Violations of Code Section 26-3-3
§ 26-3-21. Construction of Chapter
§ 26-3-22. [Effective Until July 1, 2023. See note.] Other Laws Unaffected by Chapter
§ 26-3-22. [Effective July 1, 2023. See note.] Other Laws Unaffected by Chapter