2021 Georgia Code
Title 26 - Food, Drugs, and Cosmetics
Chapter 3 - Standards, Labeling, and Adulteration of Drugs and Cosmetics
§ 26-3-3. Prohibited Acts

The following acts and the causing thereof within this state are prohibited:

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

   (1.1) The holding of any drug, 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 is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;
4. The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-3-10;
5. The dissemination of any false advertisement;
6. The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section 26-3-17;
7. The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith;
8. The removal or disposal of a detained or embargoed article in violation of Code Section 26-3-4;
9. The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded;
10. Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and
11. The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section 26-3-10.

(Ga. L. 1961, p. 529, § 3; Code 1933, § 79A-1003, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1996, p. 1609, § 1.)

- For article, "Products Liability Law in Georgia: Is Change Coming?," see 10 Ga. St. B.J. 353 (1974).

JUDICIAL DECISIONS

Failure to warn claims against generic drug manufacturers not preempted by federal law.

- Trial court erred by dismissing the plaintiff's state-law failure to warn claims asserted against the generic drug manufacturers because the court improperly concluded that those claims were preempted by federal law. PLIVA, Inc. v. Dement, 335 Ga. App. 398, 780 S.E.2d 735 (2015), cert. denied, No. S16C0503, 2016 Ga. LEXIS 234 (Ga. 2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 19 et seq., 81, 82.

- 28 C.J.S., Drugs and Narcotics, §§ 19-21, 65-68.

- Validity, construction, and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.

Provisions of statutes against misbranding or false labeling of food, drug, or cosmetic products, as applicable to literature other than that attached to product itself, 143 A.L.R. 1453.

Liability of manufacturer or seller for injury caused by drug or medicine sold, 79 A.L.R.2d 301.

Liability of manufacturer or seller of hair preparations, cosmetics, soaps and other personal cleansers, and the like, for injury caused by the product, 79 A.L.R.2d 431; 46 A.L.R.4th 1197; 54 A.L.R.4th 574; 63 A.L.R.4th 105.

Validity of statute or ordinance forbidding pharmacist to advertise prices of drugs or medicines, 44 A.L.R.3d 1301.

Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer's liability for product-caused injury, 94 A.L.R.3d 1080.

Common-law right of action for damage sustained by plaintiff in consequence of sale or gift of intoxicating liquor or habit-forming drug to another, 97 A.L.R.3d 528; 62 A.L.R.4th 16.