{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5123.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5123.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5123.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5123.html"}],"law_id":56033,"edition_id":1,"section_id":56033,"structure_id":14562,"section_number":"3.2-5123","catch_line":"Misbranded food","history":"Code 1950, \u00a7\u00a7 3-307, 3-316; 1966, c. 702, \u00a7\u00a7 3.1-387, 3.1-396; 1996, c. 728; 2008, c. 860.","full_text":"A\n\nA food shall be deemed to be misbranded:1\n\nIf its labeling is false or misleading in any particular.2\n\nIf any word, statement, or other information appearing on the label does not also appear on the outside container or wrapper, if present, of the retail package of such article, or is not easily legible through the outside container or wrapper.3\n\nIf any word, statement, or other information required by this article is not prominently placed on the label 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.4\n\nUnless its label bears:\n\t\t\t\ta. The common or usual name of the food, if there is any;\n\t\t\t\tb. When the food is fabricated from two or more ingredients, the common or usual name of each ingredient. Spices, flavorings, and colors not required to be certified under section 721(c) of the federal act, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; and\n\t\t\t\tc. When the food purports to be a beverage containing vegetable or fruit juice, a statement with appropriate prominence on the information panel of the total percentage of such fruit or vegetable juice contained in the food.\n\t\t\t\tTo the extent that the Commissioner believes that compliance with the requirements of subdivision 4 b is impractical or results in deception or unfair competition, exemptions shall be established by the Commissioner. The requirements of subdivision 4 b shall not apply to any carbonated beverages, ingredients of which have been fully and correctly disclosed to the extent prescribed by subdivision 4 b to the Commissioner in an affidavit.5\n\nIf it is offered for sale under the name of another food.6\n\nIf it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word, imitation, and immediately thereafter, the name of the food imitated.7\n\nIf its container is made, formed, or filled as to be misleading.8\n\nIf in package form, unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; (ii) the name of the article; (iii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (iii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Board.9\n\nIf it purports to be or is represented as a food for which a definition and 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 and standard, and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food.10\n\nIf it purports to be or is represented as:\n\t\t\t\ta. A food for which a standard of quality has been prescribed by regulations as provided by § 3.2-5101 and its quality falls below such standard unless its label bears, in such manner and form as regulations specify, a statement that it falls below such standards; or\n\t\t\t\tb. A food for which a standard or standards of fill of container have been prescribed by regulations as provided by § 3.2-5101, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.11\n\nIf it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Board requires through regulation to fully inform purchasers as to its value for such uses.12\n\nIf it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that the Commissioner believes that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by the Commissioner; provided, that the provisions of this subdivision and of subdivisions 4 and 9 with respect to artificial colorings shall not apply in the case of butter, cheese or ice cream.13\n\nIf 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\n\nIf 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 health claims.B\n\nIf 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, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under such conditions of use as are customary or usual.","order_by":null,"text":{"0":{"id":205386,"text":"A food shall be deemed to be misbranded:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":205387,"text":"If its labeling is false or misleading in any particular.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":205388,"text":"If any word, statement, or other information appearing on the label does not also appear on the outside container or wrapper, if present, of the retail package of such article, or is not easily legible through the outside container or wrapper.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":205389,"text":"If any word, statement, or other information required by this article is not prominently placed on the label 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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":205390,"text":"Unless its label bears:\n\t\t\t\ta. The common or usual name of the food, if there is any;\n\t\t\t\tb. When the food is fabricated from two or more ingredients, the common or usual name of each ingredient. Spices, flavorings, and colors not required to be certified under section 721(c) of the federal act, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; and\n\t\t\t\tc. When the food purports to be a beverage containing vegetable or fruit juice, a statement with appropriate prominence on the information panel of the total percentage of such fruit or vegetable juice contained in the food.\n\t\t\t\tTo the extent that the Commissioner believes that compliance with the requirements of subdivision 4 b is impractical or results in deception or unfair competition, exemptions shall be established by the Commissioner. The requirements of subdivision 4 b shall not apply to any carbonated beverages, ingredients of which have been fully and correctly disclosed to the extent prescribed by subdivision 4 b to the Commissioner in an affidavit.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":205391,"text":"If it is offered for sale under the name of another food.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":205392,"text":"If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word, imitation, and immediately thereafter, the name of the food imitated.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":205393,"text":"If its container is made, formed, or filled as to be misleading.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":205394,"text":"If in package form, unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; (ii) the name of the article; (iii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (iii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Board.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":205395,"text":"If it purports to be or is represented as a food for which a definition and 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 and standard, and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":205396,"text":"If it purports to be or is represented as:\n\t\t\t\ta. A food for which a standard of quality has been prescribed by regulations as provided by § 3.2-5101 and its quality falls below such standard unless its label bears, in such manner and form as regulations specify, a statement that it falls below such standards; or\n\t\t\t\tb. A food for which a standard or standards of fill of container have been prescribed by regulations as provided by § 3.2-5101, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":205397,"text":"If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Board requires through regulation to fully inform purchasers as to its value for such uses.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":205398,"text":"If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that the Commissioner believes that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by the Commissioner; provided, that the provisions of this subdivision and of subdivisions 4 and 9 with respect to artificial colorings shall not apply in the case of butter, cheese or ice cream.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":205399,"text":"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.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":205400,"text":"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 health claims.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"B"},"15":{"id":205401,"text":"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, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under such conditions of use as are customary or usual.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A14"}},"ancestry":[{"id":14562,"edition_id":1,"name":"Adulteration, Misbranding, and False Advertising","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197213,"object_type":"structure","relational_id":14562,"identifier":"3","token":"3.2\/IV\/51\/3","url":"\/3.2\/IV\/51\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14561,"edition_id":1,"name":"Food and Drink","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197127,"object_type":"structure","relational_id":14561,"identifier":"51","token":"3.2\/IV\/51","url":"\/3.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59931,"structure_id":14562,"section_number":"3.2-5120","catch_line":"Definitions","url":"\/3.2-5120\/","token":"3.2\/IV\/51\/3\/3.2-5120","metadata":false},{"id":66879,"structure_id":14562,"section_number":"3.2-5121","catch_line":"Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations","url":"\/3.2-5121\/","token":"3.2\/IV\/51\/3\/3.2-5121","metadata":false},{"id":69705,"structure_id":14562,"section_number":"3.2-5122","catch_line":"Adulterated food","url":"\/3.2-5122\/","token":"3.2\/IV\/51\/3\/3.2-5122","metadata":false},{"id":56033,"structure_id":14562,"section_number":"3.2-5123","catch_line":"Misbranded food","url":"\/3.2-5123\/","token":"3.2\/IV\/51\/3\/3.2-5123","metadata":false},{"id":80698,"structure_id":14562,"section_number":"3.2-5124","catch_line":"Labeling as kosher and halal; penalty","url":"\/3.2-5124\/","token":"3.2\/IV\/51\/3\/3.2-5124","metadata":false},{"id":60144,"structure_id":14562,"section_number":"3.2-5125","catch_line":"Poisonous or deleterious substance added to food","url":"\/3.2-5125\/","token":"3.2\/IV\/51\/3\/3.2-5125","metadata":false},{"id":77423,"structure_id":14562,"section_number":"3.2-5125.1","catch_line":"(Effective January 1, 2026) Baby Food Protection Act; testing and labeling requirements for toxic heavy metals","url":"\/3.2-5125.1\/","token":"3.2\/IV\/51\/3\/3.2-5125.1","metadata":false},{"id":81553,"structure_id":14562,"section_number":"3.2-5126","catch_line":"Prohibited acts; exceptions; Commissioner may seek injunction; penalties","url":"\/3.2-5126\/","token":"3.2\/IV\/51\/3\/3.2-5126","metadata":false},{"id":62929,"structure_id":14562,"section_number":"3.2-5127","catch_line":"Removal of certain labels from meat packaging prohibited; penalty","url":"\/3.2-5127\/","token":"3.2\/IV\/51\/3\/3.2-5127","metadata":false},{"id":58591,"structure_id":14562,"section_number":"3.2-5128","catch_line":"Duty of attorney for the Commonwealth when violation reported; Commissioner to give notice","url":"\/3.2-5128\/","token":"3.2\/IV\/51\/3\/3.2-5128","metadata":false}],"previous_section":{"id":69705,"structure_id":14562,"section_number":"3.2-5122","catch_line":"Adulterated food","url":"\/3.2-5122\/","token":"3.2\/IV\/51\/3\/3.2-5122","metadata":false},"next_section":{"id":80698,"structure_id":14562,"section_number":"3.2-5124","catch_line":"Labeling as kosher and halal; penalty","url":"\/3.2-5124\/","token":"3.2\/IV\/51\/3\/3.2-5124","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5123\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 702; in 1996, chapter 728<\/a>; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":[{"id":85252,"section_number":"3.2-5101","catch_line":"Board authorized to adopt regulations; exception","order_by":null,"url":"\/3.2-5101\/"}],"permalink":{"id":197227,"object_type":"law","relational_id":56033,"identifier":"3.2-5123","token":"3.2\/IV\/51\/3\/3.2-5123","url":"\/3.2-5123\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5123\/","token":"3.2\/IV\/51\/3\/3.2-5123","dublin_core":{"Title":"Misbranded food","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5123","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A food<\/span> shall be deemed to be misbranded: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If its labeling<\/span> is false or misleading in any particular. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If any word, statement, or other information appearing on the label<\/span> does not also appear on the outside container or wrapper, if present, of the retail package of such article, or is not easily legible through the outside container or wrapper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If any word, statement, or other information required by this article is not prominently placed on the label<\/span> with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling<\/span>) 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Unless its label<\/span> bears:\n\t\t\t\ta. The common or usual name of the food<\/span>, if there is any;\n\t\t\t\tb. When the food<\/span> is fabricated from two or more ingredients, the common or usual name of each ingredient. Spices, flavorings, and colors not required to be certified under section 721(c) of the federal act<\/span>, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; and\n\t\t\t\tc. When the food<\/span> purports to be a beverage containing vegetable or fruit juice, a statement with appropriate prominence on the information panel<\/span> of the total percentage of such fruit or vegetable juice contained in the food<\/span>.\n\t\t\t\tTo the extent that the Commissioner<\/span> believes that compliance with the requirements of subdivision 4 b is impractical or results in deception or unfair competition, exemptions shall be established by the Commissioner<\/span>. The requirements of subdivision 4 b shall not apply to any carbonated beverages, ingredients of which have been fully and correctly disclosed to the extent prescribed by subdivision 4 b to the Commissioner<\/span> in an affidavit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If it is offered for sale under the name of another food<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If it is an imitation of another food<\/span>, unless its label<\/span> bears, in type of uniform size and prominence, the word, imitation, and immediately thereafter, the name of the food<\/span> imitated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> If its container is made, formed, or filled as to be misleading. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If in package form, unless it bears a label<\/span> containing: (i) the name and place of business of the manufacturer, packer, or distributor; (ii) the name of the article; (iii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (iii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> If it purports to be or is represented as a food<\/span> for which a definition and standard of identity has been prescribed by regulations as provided by § 3.2-5101<\/a> unless: (i) it conforms to such definition and standard; and (ii) its label<\/span> bears the name of the food<\/span> specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> If it purports to be or is represented as:\n\t\t\t\ta. A food<\/span> for which a standard of quality has been prescribed by regulations as provided by § 3.2-5101<\/a> and its quality falls below such standard unless its label<\/span> bears, in such manner and form as regulations specify, a statement that it falls below such standards; or\n\t\t\t\tb. A food<\/span> for which a standard or standards of fill of container have been prescribed by regulations as provided by § 3.2-5101<\/a>, and it falls below the standard of fill of container applicable thereto, unless its label<\/span> bears, in such manner and form as such regulations specify, a statement that it falls below such standard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> If it purports to be or is represented for special dietary uses, unless its label<\/span> bears such information concerning its vitamin, mineral, and other dietary properties as the Board<\/span> requires through regulation to fully inform purchasers as to its value for such uses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling<\/span> stating that fact<\/span>; provided that to the extent that the Commissioner<\/span> believes that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by the Commissioner<\/span>; provided, that the provisions of this subdivision and of subdivisions 4 and 9 with respect to artificial colorings shall not apply in the case of butter<\/span>, cheese or ice cream. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> If it is a food<\/span> intended for human consumption, it is offered for sale, and its label<\/span> and labeling<\/span> do not comply with the requirements of Section 403 (q) of the federal act<\/span> pertaining to nutrition information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> If it is a food<\/span> intended for human consumption, it is offered for sale, and its label<\/span> and labeling<\/span> do not comply with the requirements of Section 403 (r) of the federal act<\/span> pertaining to nutrient content claims and health claims. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If an article is alleged to be misbranded because the label<\/span> is misleading, or if an advertisement<\/span> is alleged to be false because it is misleading, then in determining whether the labeling<\/span> or advertisement<\/span> is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling<\/span> or advertisement<\/span> fails to reveal facts<\/span> material<\/span> in the light of such representations or material<\/span> with respect to consequences that may result from the use of the article to which the labeling<\/span> or advertisement<\/span> relates under the conditions of use prescribed in the labeling<\/span> or advertisement<\/span> or under such conditions of use as are customary or usual. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMISBRANDED FOOD (\u00a7 3.2-5123)\n\nA. A food shall be deemed to be misbranded:\n\n 1. If its labeling is false or misleading in any particular.\n\n 2. If any word, statement, or other information appearing on the label does\n not also appear on the outside container or wrapper, if present, of the retail\n package of such article, or is not easily legible through the outside\n container or wrapper.\n\n 3. If any word, statement, or other information required by this article is\n not prominently placed on the label with such conspicuousness (as compared\n with other words, statements, designs, or devices, in the labeling) and in\n such terms as to render it likely to be read and understood by the ordinary\n individual under customary conditions of purchase and use.\n\n 4. Unless its label bears:\n \t\t\t\ta. The common or usual name of the food, if there is any;\n \t\t\t\tb. When the food is fabricated from two or more ingredients, the common or\n usual name of each ingredient. Spices, flavorings, and colors not required to\n be certified under section 721(c) of the federal act, other than those sold as\n such, may be designated as spices, flavorings, and colorings, without naming\n each; and\n \t\t\t\tc. When the food purports to be a beverage containing vegetable or fruit\n juice, a statement with appropriate prominence on the information panel of the\n total percentage of such fruit or vegetable juice contained in the food.\n \t\t\t\tTo the extent that the Commissioner believes that compliance with the\n requirements of subdivision 4 b is impractical or results in deception or\n unfair competition, exemptions shall be established by the Commissioner. The\n requirements of subdivision 4 b shall not apply to any carbonated beverages,\n ingredients of which have been fully and correctly disclosed to the extent\n prescribed by subdivision 4 b to the Commissioner in an affidavit.\n\n 5. If it is offered for sale under the name of another food.\n\n 6. If it is an imitation of another food, unless its label bears, in type of\n uniform size and prominence, the word, imitation, and immediately thereafter,\n the name of the food imitated.\n\n 7. If its container is made, formed, or filled as to be misleading.\n\n 8. If in package form, unless it bears a label containing: (i) the name and\n place of business of the manufacturer, packer, or distributor; (ii) the name\n of the article; (iii) an accurate statement of the quantity of the contents in\n terms of weight, measure, or numerical count; provided, that under clause\n (iii) of this subdivision reasonable variations shall be permitted, and\n exemptions as to small packages shall be established, by regulations\n prescribed by the Board.\n\n 9. If it purports to be or is represented as a food for which a definition and\n standard of identity has been prescribed by regulations as provided by §\n 3.2-5101 unless: (i) it conforms to such definition and standard; and (ii) its\n label bears the name of the food specified in the definition and standard,\n and, insofar as may be required by such regulations, the common names of\n optional ingredients, other than spices, flavoring, and coloring, present in\n such food.\n\n 10. If it purports to be or is represented as:\n \t\t\t\ta. A food for which a standard of quality has been prescribed by\n regulations as provided by § 3.2-5101 and its quality falls below such\n standard unless its label bears, in such manner and form as regulations\n specify, a statement that it falls below such standards; or\n \t\t\t\tb. A food for which a standard or standards of fill of container have been\n prescribed by regulations as provided by § 3.2-5101, and it falls below\n the standard of fill of container applicable thereto, unless its label bears,\n in such manner and form as such regulations specify, a statement that it falls\n below such standard.\n\n 11. If it purports to be or is represented for special dietary uses, unless\n its label bears such information concerning its vitamin, mineral, and other\n dietary properties as the Board requires through regulation to fully inform\n purchasers as to its value for such uses.\n\n 12. If it bears or contains any artificial flavoring, artificial coloring or\n chemical preservative, unless it bears labeling stating that fact; provided\n that to the extent that the Commissioner believes that compliance with the\n requirements of this subdivision is impracticable, exemptions shall be\n established by the Commissioner; provided, that the provisions of this\n subdivision and of subdivisions 4 and 9 with respect to artificial colorings\n shall not apply in the case of butter, cheese or ice cream.\n\n 13. If it is a food intended for human consumption, it is offered for sale,\n and its label and labeling do not comply with the requirements of Section 403\n (q) of the federal act pertaining to nutrition information.\n\n 14. If it is a food intended for human consumption, it is offered for sale,\n and its label and labeling do not comply with the requirements of Section 403\n (r) of the federal act pertaining to nutrient content claims and health\n claims.\n\nB. If an article is alleged to be misbranded because the label is misleading, or\nif an advertisement is alleged to be false because it is misleading, then in\ndetermining whether the labeling or advertisement is misleading, there shall be\ntaken into account, among other things, not only representations made or\nsuggested by statement, word, design, device, sound, or in any combination\nthereof, but also the extent to which the labeling or advertisement fails to\nreveal facts material in the light of such representations or material with\nrespect to consequences that may result from the use of the article to which the\nlabeling or advertisement relates under the conditions of use prescribed in the\nlabeling or advertisement or under such conditions of use as are customary or\nusual.\n\nHISTORY: Code 1950, \u00a7\u00a7 3-307, 3-316; 1966, c. 702, \u00a7\u00a7 3.1-387, 3.1-396;\n1996, c. 728; 2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}