CHAPTER 4. Packaging, Labeling,and Advertising

Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6.

§§ 110290–110423.101 · 40 sections

1. ARTICLE 1. General §§ 110290–110335 · 9 sections

   • § 110290 In determining whether the labeling or advertisement of a food, drug, device, or cosmetic is misleading, all representations made or suggested by statement,…
   • § 110295 The requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or…
   • § 110300 It is unlawful for any person to forge, counterfeit, simulate, falsely represent, or without proper authority use, any mark, stamp, tag, label, or other…
   • § 110310 It is unlawful for any manufacturer, packer, or distributor of a prescription drug or device offered for sale in this state to fail to maintain for transmittal…
   • § 110315 It is unlawful for any person, with the intent to deceive, to place, or cause to be placed upon any food, drug, device, or cosmetic, or its package, the trade…
   • § 110320 It is unlawful for any person to sell, dispense, dispose of, hold, or conceal any food, drug, device, or cosmetic or its package, with knowledge that the trade…
   • § 110325 It is unlawful for any person to possess, make, sell, dispose of, cause to be made, or conceal any punch, die, plate, or other device that may be used to…
   • § 110330 It is unlawful for any person to do any act that causes any food, drug, device, or cosmetic to be a counterfeit, or to sell, dispense, or hold for sale or…
   • § 110335 The department may adopt regulations exempting from any labeling or packaging requirements of this part any food, drug, device, or cosmetic that is in…
2. ARTICLE 2. Fair Packaging and Labeling §§ 110340–110385 · 11 sections

   • § 110340 All labels of foods, drugs, devices, or cosmetics shall conform with the requirements of the declaration of net quantity of contents of Section 4 of the Fair…
   • § 110345 The label of any package of a food, drug, device, or cosmetic that bears a representation as to the number of servings of the commodity contained in the…
   • § 110350 It is unlawful for any person to distribute, or cause to be distributed, in commerce any packaged food, drug, device, or cosmetic if any qualifying words or…
   • § 110355 Whenever the department determines that regulations containing prohibitions or requirements, other than those prescribed by Section 110340, are necessary to…
   • § 110360 The department may establish and define standards for the characterization of the size of a package that encloses any food, drug, device, or cosmetic, that may…
   • § 110365 The department may regulate the placement upon any package that contains any food, drug, device, or cosmetic or upon any label affixed to the article, of any…
   • § 110370 The department may require that the label on each package of a food, drug, device, or cosmetic bear the common or usual name of the article, if any, and in…
   • § 110371 (a) A professional cosmetic manufactured on or after July 1, 2020, for sale in this state shall have a label affixed on the container that satisfies all of the…
   • § 110375 (a) No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled,…
   • § 110380 All regulations and their amendments pertaining to foods, drugs, devices, and cosmetics that are in effect on the effective date of this part, or that are…
   • § 110385 It is unlawful for any person to distribute in commerce any food, drug, device, or cosmetic, if its packaging or labeling does not conform to the provisions of…
3. ARTICLE 3. Advertising §§ 110390–110420 · 11 sections

   • § 110390 It is unlawful for any person to disseminate any false advertisement of any food, drug, device, or cosmetic. An advertisement is false if it is false or…
   • § 110395 It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any food, drug, device, or cosmetic that is falsely advertised.
   • § 110398 It is unlawful for any person to advertise any food, drug, device, or cosmetic that is adulterated or misbranded.
   • § 110400 It is unlawful for any person to receive in commerce any food, drug, device, or cosmetic that is falsely advertised or to deliver or proffer for delivery any…
   • § 110403 Except as otherwise provided in Section 110405, it is unlawful for a person to advertise a drug or device represented to have an effect in any of the following…
   • § 110405 An advertisement that is not unlawful under Section 110390 is not unlawful under Section 110403 if it is either one of the following: (a) Disseminated only to…
   • § 110407 (a) A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product, or publish or disseminate in…
   • § 110410 Section 110403 shall not be construed as indicating that self-medication for conditions, disorders, or diseases other than those named is safe or efficacious.
   • § 110413 No publisher, radio or television broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer,…
   • § 110415 It shall be unlawful to advertise or otherwise represent chopped or ground beef or hamburger in violation of Section 110805.
   • § 110420 (a) Any fragrance advertising insert contained in a newspaper, magazine, mailing, or other periodically printed material shall contain only microencapsulated…
4. ARTICLE 4. Dietary Supplement Labeling and Advertising §§ 110422–110422.5 · 2 sections

   • § 110422 (a) Whenever a warning label is included on any product defined as a dietary supplement pursuant to Section 321(ff) of Title 21 of the United States Code, that…
   • § 110422.5 Violation of this article by any person, as defined in Section 109995, shall constitute an infraction, punishable by a fine not to exceed the following: (a)…
5. ARTICLE 4. Dietary Supplements §§ 110423–110423.8 · 5 sections

   • § 110423 (a) (1) The sale or distribution of any dietary supplement product containing ephedrine group alkaloids is prohibited unless the product label clearly and…
   • § 110423.2 (a) It is a misdemeanor for any manufacturer, wholesaler, retailer, or other person, to sell, transfer, or otherwise furnish any of the following to a person…
   • § 110423.4 (a) This article shall not apply to a licensed health care practitioner practicing within his or her scope of practice who prescribes, dispenses, or both,…
   • § 110423.6 (a) Except as provided in subdivision (b), a retail establishment that sells, transfers, or otherwise furnishes a dietary supplement product in violation of…
   • § 110423.8 Nothing in this article limits or restricts any rights, remedies, or duties otherwise applicable by law.
6. ARTICLE 4.5. Ephedrine Group Alkaloids §§ 110423.100–110423.101 · 2 sections

   • § 110423.100 Notwithstanding Article 4 (commencing with Section 110423), the sale or distribution of any dietary supplement products containing ephedrine group alkaloids is…
   • § 110423.101 This article shall not apply, but Article 4 (commencing with Section 110423) shall apply, to any of the following: (a) A California licensed health care…