71-2402 Drugs; misbranding; what constitutes.
71-2402. Drugs; misbranding; what constitutes.The term misbranded, as used in section 71-2404, shall apply to all drugs, the package or label of which shall bear any statement, design or device regarding drugs, or the ingredients of substances contained therein, which shall be false or misleading in any particular, or to any drug product which is falsely branded as to the state, territory, place or authority in which it is manufactured or produced. In case of drugs, an article shall also be deemed to be misbranded (1) if it is an imitation of or offered for sale under the name of another article; (2) if it shall be labeled or branded so as to deceive or mislead the purchaser or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement, on the label, of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, phenacetine (acetphenetidine), antipyrine, belladonna or any derivative or preparation of any such substance contained therein; or (3) if its package or label shall bear or contain any statement, design or device regarding the curative or therapeutic effect of such article, or any of the ingredients or substances contained therein, which is false or fraudulent. SourceLaws 1941, c. 141, § 10, p. 561; C.S.Supp.,1941, § 81-929; R.S.1943, § 81-621. Cross ReferencesDrug product selection, labeling requirements, see section 71-5406.