History. Ga. L. 1906, p. 83, § 5; Civil Code 1910, § 2104; Ga. L. 1913, p. 44, §§ 1, 2; Code 1933, § 42-110; Ga. L. 1947, p. 1463, § 2; Ga. L. 1961, p. 529, § 10; Code 1933, § 79A-1009, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1984, p. 22, § 26; Ga. L. 1985, p. 149, § 26; Ga. L. 2015, p. 5, § 26/HB 90.
The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, inserted “or” at the end of paragraph (a)(10).
Cross references.
Deceptive trade practices generally, § 10-1-370 et seq.
Controlled substances and dangerous drugs, T. 16, C. 13.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1985, in subparagraph (a)(2)(B), “, provided that” was substituted for “; provided, that” and a semicolon was substituted for a period following “Pharmacy”; in paragraph (a)(4), a comma was deleted following “Pharmacy”; and, in subparagraph (a)(5)(B), a comma was deleted following “such substance”.
U.S. Code.
Section 505 of the Federal Food, Drug, and Cosmetic Act, referred to in subparagraph (a)(11)(C) of this Code section, is codified at 21 U.S.C. § 355 .
Law reviews.
For comment on Givens v. Lederle, 556 F.2d 1341 (5th Cir. 1977) which extends a manufacturer’s duty to warn physicians about affects the drugs may have on third person bystanders, see 29 Mercer L. Rev. 643 (1978).
For note, “Does the National Childhood Vaccine Injury Compensation Act Really Prohibit Design Defect Claims?: Examining Federal Preemption in Light of American Home Products Corp. v. Ferrari,” see 26 Ga. St. U.L. Rev. 617 (2010).
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