2006 Code of Virginia § 54.1-3457 - Prohibited acts

54.1-3457. Prohibited acts.

The following acts shall be prohibited:

1. The manufacture, sale, or delivery, holding or offering for sale of anydrug, device, or cosmetic that is adulterated or misbranded.

2. The adulteration or misbranding of any drug, device, or cosmetic.

3. The receipt in commerce of any drug, device, or cosmetic that isadulterated or misbranded, and the delivery or proffered delivery thereof forpay or otherwise.

4. The sale, delivery for sale, holding for sale, or offering for sale of anyarticle in violation of 54.1-3421.

5. The dissemination of any false advertisement.

6. The refusal to permit entry or inspection, or to permit the taking of asample, or to permit access to or copying of any record.

7. The giving of a false guaranty or undertaking.

8. The removal or disposal of a detained article in violation of 54.1-3459.

9. The alteration, mutilation, destruction, obliteration, or removal of thewhole or any part of the labeling of, or the doing of any other act withrespect to a drug, device, or cosmetic, if such act is done while sucharticle is held for sale and results in such article being adulterated ormisbranded.

10. The forging, counterfeiting, simulating, or falsely representing, orwithout proper authority using any mark, stamp, tag, label, or otheridentification device authorized or required by regulations promulgated underthe provisions of this chapter or of the federal act.

11. The using by any person to his own advantage, or revealing, other than tothe Board or its authorized representative or to the courts when relevant inany judicial proceeding under this chapter of any information acquired underauthority of this chapter concerning any method or process which as a tradesecret is entitled to protection.

12. The using, on the labeling of any drug or in any advertisement relatingto such drug, of any representation or suggestion that an application withrespect to such drug is effective under 54.1-3421, or that such drugcomplies with the provisions of such section.

13. In the case of a drug distributed or offered for sale in thisCommonwealth, the failure of the manufacturer, packer, or distributor thereofto maintain for transmittal, or to transmit, to any practitioner licensed byapplicable law to administer such drug who makes written request forinformation as to such drug, true and correct copies of all printed matterwhich is required to be included in any package in which that drug isdistributed or sold, or such other printed matter as is approved under thefederal act. This subdivision shall not be construed to exempt any personfrom any labeling requirement imposed by or under other provisions of thischapter.

14. Placing or causing to be placed upon any drug or device or container,with intent to defraud, the trade name or other identifying mark, or imprintof another or any likeness of any of the foregoing; or selling, dispensing,disposing of or causing to be sold, dispensed or disposed of, or concealingor keeping in possession, control or custody, with intent to sell, dispenseor dispose of, any drug, device or any container thereof, with knowledge thatthe trade name or other identifying mark or imprint of another or anylikeness of any of the foregoing has been placed thereon in a mannerprohibited by this section or making, selling, disposing of, or causing to bemade, sold or disposed of, or keeping in possession, control or custody, orconcealing any punch, die, plate, stone, or other thing designed to print,imprint, or reproduce the trademark, trade name, or other identifying mark,imprint, or device of another or any likeness of any of the foregoing uponany drug or container or labeling thereof so as to render such drug acounterfeit drug.

15. The doing of any act which causes a drug to be a counterfeit drug, or thesale or dispensing, or the holding for sale or dispensing, of a counterfeitdrug.

16. Dispensing or causing to be dispensed a different drug or brand of drugin place of the drug or brand of drug ordered or prescribed without thepermission of the person ordering or prescribing, except as provided in 54.1-3408.03 relating to dispensing of therapeutically equivalent drugs.

(1970, c. 650, 54-524.85; 1988, c. 765; 2003, c. 639.)