1. If its labeling is false or misleading in any particular.
2. If any word, statement, or other information appearing on the label doesnot also appear on the outside container or wrapper, if present, of theretail package of such article, or is not easily legible through the outsidecontainer or wrapper.
3. If any word, statement, or other information required by this article isnot prominently placed on the label with such conspicuousness (as comparedwith other words, statements, designs, or devices, in the labeling) and insuch terms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use.
4. Unless its label bears:
a. The common or usual name of the food, if there is any;
b. When the food is fabricated from two or more ingredients, the common orusual name of each ingredient. Spices, flavorings, and colors not required tobe certified under section 721 (c) of the federal act, other than those soldas such, may be designated as spices, flavorings, and colorings, withoutnaming each; and
c. When the food purports to be a beverage containing vegetable or fruitjuice, a statement with appropriate prominence on the information panel ofthe total percentage of such fruit or vegetable juice contained in the food.
To the extent that the Commissioner believes that compliance with therequirements of subdivision 4 b is impractical or results in deception orunfair competition, exemptions shall be established by the Commissioner. Therequirements of subdivision 4 b shall not apply to any carbonated beverages,ingredients of which have been fully and correctly disclosed to the extentprescribed by subdivision 4 b to the Commissioner in an affidavit.
5. If it is offered for sale under the name of another food.
6. If it is an imitation of another food, unless its label bears, in type ofuniform size and prominence, the word, imitation, and immediately thereafter,the name of the food imitated.
7. If its container is made, formed, or filled as to be misleading.
8. If in package form, unless it bears a label containing: (i) the name andplace of business of the manufacturer, packer, or distributor; (ii) the nameof the article; (iii) an accurate statement of the quantity of the contentsin terms of weight, measure, or numerical count; provided, that under clause(iii) of this subdivision reasonable variations shall be permitted, andexemptions as to small packages shall be established, by regulationsprescribed by the Board.
9. If it purports to be or is represented as a food for which a definitionand standard of identity has been prescribed by regulations as provided by §3.2-5101 unless: (i) it conforms to such definition and standard; and (ii)its label bears the name of the food specified in the definition andstandard, and, insofar as may be required by such regulations, the commonnames of optional ingredients, other than spices, flavoring, and coloring,present in such food.
10. If it purports to be or is represented as:
a. A food for which a standard of quality has been prescribed by regulationsas provided by § 3.2-5101 and its quality falls below such standard unlessits label bears, in such manner and form as regulations specify, a statementthat it falls below such standards; or
b. A food for which a standard or standards of fill of container have beenprescribed by regulations as provided by § 3.2-5101, and it falls below thestandard of fill of container applicable thereto, unless its label bears, insuch manner and form as such regulations specify, a statement that it fallsbelow such standard.
11. If it purports to be or is represented for special dietary uses, unlessits label bears such information concerning its vitamin, mineral, and otherdietary properties as the Board requires through regulation to fully informpurchasers as to its value for such uses.
12. If it bears or contains any artificial flavoring, artificial coloring orchemical preservative, unless it bears labeling stating that fact; providedthat to the extent that the Commissioner believes that compliance with therequirements of this subdivision is impracticable, exemptions shall beestablished by the Commissioner; provided, that the provisions of thissubdivision and of subdivisions 4 and 9 with respect to artificial coloringsshall not apply in the case of butter, cheese or ice cream.
13. If it is a food intended for human consumption, it is offered for sale,and its label and labeling do not comply with the requirements of Section 403(q) of the federal act pertaining to nutrition information.
14. If it is a food intended for human consumption, it is offered for sale,and its label and labeling do not comply with the requirements of Section 403(r) of the federal act pertaining to nutrient content claims and healthclaims.
B. If an article is alleged to be misbranded because the label is misleading,or if an advertisement is alleged to be false because it is misleading, thenin determining whether the labeling or advertisement is misleading, thereshall be taken into account, among other things, not only representationsmade or suggested by statement, word, design, device, sound, or in anycombination thereof, but also the extent to which the labeling oradvertisement fails to reveal facts material in the light of suchrepresentations or material with respect to consequences that may result fromthe use of the article to which the labeling or advertisement relates underthe conditions of use prescribed in the labeling or advertisement or undersuch conditions of use as are customary or usual.
(Code 1950, §§ 3-307, 3-316; 1966, c. 702, §§ 3.1-387, 3.1-396; 1996, c. 728;2008, c. 860.)
1. If its labeling is false or misleading in any particular.
2. If any word, statement, or other information appearing on the label doesnot also appear on the outside container or wrapper, if present, of theretail package of such article, or is not easily legible through the outsidecontainer or wrapper.
3. If any word, statement, or other information required by this article isnot prominently placed on the label with such conspicuousness (as comparedwith other words, statements, designs, or devices, in the labeling) and insuch terms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use.
4. Unless its label bears:
a. The common or usual name of the food, if there is any;
b. When the food is fabricated from two or more ingredients, the common orusual name of each ingredient. Spices, flavorings, and colors not required tobe certified under section 721 (c) of the federal act, other than those soldas such, may be designated as spices, flavorings, and colorings, withoutnaming each; and
c. When the food purports to be a beverage containing vegetable or fruitjuice, a statement with appropriate prominence on the information panel ofthe total percentage of such fruit or vegetable juice contained in the food.
To the extent that the Commissioner believes that compliance with therequirements of subdivision 4 b is impractical or results in deception orunfair competition, exemptions shall be established by the Commissioner. Therequirements of subdivision 4 b shall not apply to any carbonated beverages,ingredients of which have been fully and correctly disclosed to the extentprescribed by subdivision 4 b to the Commissioner in an affidavit.
5. If it is offered for sale under the name of another food.
6. If it is an imitation of another food, unless its label bears, in type ofuniform size and prominence, the word, imitation, and immediately thereafter,the name of the food imitated.
7. If its container is made, formed, or filled as to be misleading.
8. If in package form, unless it bears a label containing: (i) the name andplace of business of the manufacturer, packer, or distributor; (ii) the nameof the article; (iii) an accurate statement of the quantity of the contentsin terms of weight, measure, or numerical count; provided, that under clause(iii) of this subdivision reasonable variations shall be permitted, andexemptions as to small packages shall be established, by regulationsprescribed by the Board.
9. If it purports to be or is represented as a food for which a definitionand standard of identity has been prescribed by regulations as provided by §3.2-5101 unless: (i) it conforms to such definition and standard; and (ii)its label bears the name of the food specified in the definition andstandard, and, insofar as may be required by such regulations, the commonnames of optional ingredients, other than spices, flavoring, and coloring,present in such food.
10. If it purports to be or is represented as:
a. A food for which a standard of quality has been prescribed by regulationsas provided by § 3.2-5101 and its quality falls below such standard unlessits label bears, in such manner and form as regulations specify, a statementthat it falls below such standards; or
b. A food for which a standard or standards of fill of container have beenprescribed by regulations as provided by § 3.2-5101, and it falls below thestandard of fill of container applicable thereto, unless its label bears, insuch manner and form as such regulations specify, a statement that it fallsbelow such standard.
11. If it purports to be or is represented for special dietary uses, unlessits label bears such information concerning its vitamin, mineral, and otherdietary properties as the Board requires through regulation to fully informpurchasers as to its value for such uses.
12. If it bears or contains any artificial flavoring, artificial coloring orchemical preservative, unless it bears labeling stating that fact; providedthat to the extent that the Commissioner believes that compliance with therequirements of this subdivision is impracticable, exemptions shall beestablished by the Commissioner; provided, that the provisions of thissubdivision and of subdivisions 4 and 9 with respect to artificial coloringsshall not apply in the case of butter, cheese or ice cream.
13. If it is a food intended for human consumption, it is offered for sale,and its label and labeling do not comply with the requirements of Section 403(q) of the federal act pertaining to nutrition information.
14. If it is a food intended for human consumption, it is offered for sale,and its label and labeling do not comply with the requirements of Section 403(r) of the federal act pertaining to nutrient content claims and healthclaims.
B. If an article is alleged to be misbranded because the label is misleading,or if an advertisement is alleged to be false because it is misleading, thenin determining whether the labeling or advertisement is misleading, thereshall be taken into account, among other things, not only representationsmade or suggested by statement, word, design, device, sound, or in anycombination thereof, but also the extent to which the labeling oradvertisement fails to reveal facts material in the light of suchrepresentations or material with respect to consequences that may result fromthe use of the article to which the labeling or advertisement relates underthe conditions of use prescribed in the labeling or advertisement or undersuch conditions of use as are customary or usual.
(Code 1950, §§ 3-307, 3-316; 1966, c. 702, §§ 3.1-387, 3.1-396; 1996, c. 728;2008, c. 860.)
1. If its labeling is false or misleading in any particular.
2. If any word, statement, or other information appearing on the label doesnot also appear on the outside container or wrapper, if present, of theretail package of such article, or is not easily legible through the outsidecontainer or wrapper.
3. If any word, statement, or other information required by this article isnot prominently placed on the label with such conspicuousness (as comparedwith other words, statements, designs, or devices, in the labeling) and insuch terms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use.
4. Unless its label bears:
a. The common or usual name of the food, if there is any;
b. When the food is fabricated from two or more ingredients, the common orusual name of each ingredient. Spices, flavorings, and colors not required tobe certified under section 721 (c) of the federal act, other than those soldas such, may be designated as spices, flavorings, and colorings, withoutnaming each; and
c. When the food purports to be a beverage containing vegetable or fruitjuice, a statement with appropriate prominence on the information panel ofthe total percentage of such fruit or vegetable juice contained in the food.
To the extent that the Commissioner believes that compliance with therequirements of subdivision 4 b is impractical or results in deception orunfair competition, exemptions shall be established by the Commissioner. Therequirements of subdivision 4 b shall not apply to any carbonated beverages,ingredients of which have been fully and correctly disclosed to the extentprescribed by subdivision 4 b to the Commissioner in an affidavit.
5. If it is offered for sale under the name of another food.
6. If it is an imitation of another food, unless its label bears, in type ofuniform size and prominence, the word, imitation, and immediately thereafter,the name of the food imitated.
7. If its container is made, formed, or filled as to be misleading.
8. If in package form, unless it bears a label containing: (i) the name andplace of business of the manufacturer, packer, or distributor; (ii) the nameof the article; (iii) an accurate statement of the quantity of the contentsin terms of weight, measure, or numerical count; provided, that under clause(iii) of this subdivision reasonable variations shall be permitted, andexemptions as to small packages shall be established, by regulationsprescribed by the Board.
9. If it purports to be or is represented as a food for which a definitionand standard of identity has been prescribed by regulations as provided by §3.2-5101 unless: (i) it conforms to such definition and standard; and (ii)its label bears the name of the food specified in the definition andstandard, and, insofar as may be required by such regulations, the commonnames of optional ingredients, other than spices, flavoring, and coloring,present in such food.
10. If it purports to be or is represented as:
a. A food for which a standard of quality has been prescribed by regulationsas provided by § 3.2-5101 and its quality falls below such standard unlessits label bears, in such manner and form as regulations specify, a statementthat it falls below such standards; or
b. A food for which a standard or standards of fill of container have beenprescribed by regulations as provided by § 3.2-5101, and it falls below thestandard of fill of container applicable thereto, unless its label bears, insuch manner and form as such regulations specify, a statement that it fallsbelow such standard.
11. If it purports to be or is represented for special dietary uses, unlessits label bears such information concerning its vitamin, mineral, and otherdietary properties as the Board requires through regulation to fully informpurchasers as to its value for such uses.
12. If it bears or contains any artificial flavoring, artificial coloring orchemical preservative, unless it bears labeling stating that fact; providedthat to the extent that the Commissioner believes that compliance with therequirements of this subdivision is impracticable, exemptions shall beestablished by the Commissioner; provided, that the provisions of thissubdivision and of subdivisions 4 and 9 with respect to artificial coloringsshall not apply in the case of butter, cheese or ice cream.
13. If it is a food intended for human consumption, it is offered for sale,and its label and labeling do not comply with the requirements of Section 403(q) of the federal act pertaining to nutrition information.
14. If it is a food intended for human consumption, it is offered for sale,and its label and labeling do not comply with the requirements of Section 403(r) of the federal act pertaining to nutrient content claims and healthclaims.
B. If an article is alleged to be misbranded because the label is misleading,or if an advertisement is alleged to be false because it is misleading, thenin determining whether the labeling or advertisement is misleading, thereshall be taken into account, among other things, not only representationsmade or suggested by statement, word, design, device, sound, or in anycombination thereof, but also the extent to which the labeling oradvertisement fails to reveal facts material in the light of suchrepresentations or material with respect to consequences that may result fromthe use of the article to which the labeling or advertisement relates underthe conditions of use prescribed in the labeling or advertisement or undersuch conditions of use as are customary or usual.
(Code 1950, §§ 3-307, 3-316; 1966, c. 702, §§ 3.1-387, 3.1-396; 1996, c. 728;2008, c. 860.)
