2005 Idaho Code - 37-127 — DRUGS OR DEVICES DEEMED MISBRANDED

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    37-127.  DRUGS OR DEVICES DEEMED MISBRANDED. A drug or device shall be
deemed to be misbranded--(a)  If its labeling is false or misleading in any
particular.
    (b)  If in package form unless it bears a label containing (1) the name
and place of business of the manufacturer, packer, or distributor; and (2) an
accurate statement of the quantity of the contents in terms of weight,
measure, or numerical count; Provided, that under clause (2) of this paragraph
reasonable variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the board.
    (c)  If any word, statement, or other information required by or under
authority of this act 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 it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.
    (d)  If it is for use by man and contains any quantity of the narcotic or
hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal,
cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana
[marijuana], morphine, opium, paraldehyde, peyete [peyote], or sulphonmethane,
or any chemical derivative of such substance, which derivative has been by the
board after investigation, found to be, and by regulations under this act,
designated as habit forming, unless its label bears the name and quantity or
proportion of such substance or derivative and in juxtaposition therewith the
statement "Warning--May be habit forming."
    (e)  If it is a drug and is not designated solely by a name recognized in
an official compendium unless its label bears (1) the common or usual name of
the drug, if such there be; and (2), in case it is fabricated from two (2) or
more ingredients, the common or usual name of each active ingredient,
including the kind and quantity or proportion of any alcohol, and also
including, whether active or not, the name and quantity or proportion of any
bromides, ether, chloroform, acetanilid, acotphenetidin, amidapyrine,
anti-pyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis glucosines,
mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or
preparation of any substances, contained therein: Provided, that to the extent
that compliance with the requirements of clause (2) of this paragraph is
impracticable, exemptions shall be established by regulations promulgated by
the board.
    (f)  Unless its labeling bears (1) adequate directions for use; and (2)
such adequate warnings against use in those pathological conditions or by
children where its use may be dangerous to health, or against unsafe dosage or
methods or duration of administration or application, in such manner and form,
as are necessary for the protection of users: Provided, that where any
requirement of clause (1) of this paragraph, as applied to any drug or device,
is not necessary for the protection of the public health, the board shall
promulgate regulations exempting such drug or device from such requirements.
    (g)  If it purports to be a drug the name of which is recognized in an
official compendium, unless it is packaged and labeled as prescribed therein:
Provided, that the method of packing may be modified with the consent of the
board. Whenever a drug is recognized in both the United States Pharmacopoeia
and the Homeopathic Pharmacopoeia of the United States, it shall be subject to
the requirements of the United States Pharmacopoeia with respect to packaging
and labeling unless it is labeled and offered for sale as a homeopathic drug,
in which case it shall be subject to the provisions of the Homeopathic
Pharmacopoeia of the United States, and not to those of the United States
Pharmacopoeia.
    (h)  If it has been found by the board to be a drug liable to
deterioration, unless it is packaged in such form and manner, and its label
bears a statement of such precautions, as the board shall by regulations
require as necessary for the protection of public health. No such regulation
shall be established for any drug recognized in an official compendium until
the board shall have informed the appropriate body charged with the revision
of such compendium of the need for such packaging or labeling requirements and
such body shall have failed within a reasonable time to prescribe such
requirements.
    (i) (1)  If it is a drug and its container is so made, formed, or filled
as to be misleading; or (2) if it is an imitation of another drug; or (3) if
it is offered for sale under the name of another drug.
    (j)  If it is dangerous to health when used in the dosage, or with the
frequency or duration prescribed, recommended, or suggested in the labeling
thereof.
    (k)  If it is a drug sold at retail and quantity of aminopyrine,
barbituric acid, cinchophen, dinitrophenol, sulfanilamide or their
derivatives, or any other drug which has been found by the board to be
dangerous to health when used in the dosage, or with the frequency or duration
prescribed, recommended, or suggested in the labeling thereof, and so
designated by the board in a regulation adopted; unless it is sold on a
written prescription signed by a member of the medical, osteopathic,
chiropodial, dental, or veterinary profession who is licensed by law to
administer such drug, and its label bears the name and place of business of
the seller, the serial number and date of such prescription, and the name of
such member of the medical, osteopathic, chiropodial, dental, or veterinary
profession.
    (l)  A drug sold on a written prescription signed by a member of the
medical, osteopathic, chiropodial, dental, or veterinary profession (except a
drug sold in the course of the conduct of a business of selling drugs pursuant
to diagnosis by mail) shall be exempt from the requirements of this section
if--(1) such member of the medical, osteopathic, chiropodial, dental, or
veterinary profession is licensed by law to administer such drug, and (2) such
drug bears a label containing the name and place of business of the seller,
the serial number and date of such prescription, and the name of such member
of the medical, osteopathic, chiropodial, dental, or veterinary profession.