{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3457.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3457.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3457.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3457.html"}],"law_id":83286,"edition_id":1,"section_id":83286,"structure_id":14492,"section_number":"54.1-3457","catch_line":"Prohibited acts","history":"1970, c. 650, \u00a7 54-524.85; 1988, c. 765; 2003, c. 639; 2013, cc. 412, 544.","full_text":"The following acts shall be prohibited:\n\n1\n\nThe manufacture, sale, delivery, holding, or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded.2\n\nThe adulteration or misbranding of any drug, device, or cosmetic.3\n\nThe receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.4\n\nThe sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 54.1-3421.5\n\nThe dissemination of any false advertisement.6\n\nThe refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record.7\n\nThe giving of a false guaranty or undertaking.8\n\nThe removal or disposal of a detained article in violation of § 54.1-3459.9\n\nThe alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.10\n\nThe forging, counterfeiting, simulating, or falsely representing, or without proper authority using of any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or of the federal act.11\n\nThe using by any person to his own advantage, or revealing, other than to the Board or its authorized representative or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection.12\n\nThe using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under § 54.1-3421, or that such drug complies with the provisions of such section.13\n\nIn the case of a drug distributed or offered for sale in this Commonwealth, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. This subdivision shall not be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.14\n\nPlacing or causing to be placed upon any drug or device or container, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by this section or making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit drug.15\n\nThe doing of any act that causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.16\n\nDispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the permission of the person ordering or prescribing, except as provided in § 54.1-3408.03 relating to dispensing of therapeutically equivalent drugs.17\n\nDispensing or causing to be dispensed a biosimilar in place of a prescribed biological product or brand of biological product, except as provided in § 54.1-3408.04 related to dispensing of interchangeable biosimilars.","order_by":null,"text":{"0":{"id":298417,"text":"The following acts shall be prohibited:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":298418,"text":"The manufacture, sale, delivery, holding, or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":298419,"text":"The adulteration or misbranding of any drug, device, or cosmetic.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":298420,"text":"The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":298421,"text":"The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 54.1-3421.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":298422,"text":"The dissemination of any false advertisement.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":298423,"text":"The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":298424,"text":"The giving of a false guaranty or undertaking.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":298425,"text":"The removal or disposal of a detained article in violation of § 54.1-3459.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":298426,"text":"The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":298427,"text":"The forging, counterfeiting, simulating, or falsely representing, or without proper authority using of any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or of the federal act.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":298428,"text":"The using by any person to his own advantage, or revealing, other than to the Board or its authorized representative or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":298429,"text":"The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under § 54.1-3421, or that such drug complies with the provisions of such section.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":298430,"text":"In the case of a drug distributed or offered for sale in this Commonwealth, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. This subdivision shall not be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":298431,"text":"Placing or causing to be placed upon any drug or device or container, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by this section or making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit drug.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":298432,"text":"The doing of any act that causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":298433,"text":"Dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the permission of the person ordering or prescribing, except as provided in § 54.1-3408.03 relating to dispensing of therapeutically equivalent drugs.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":298434,"text":"Dispensing or causing to be dispensed a biosimilar in place of a prescribed biological product or brand of biological product, except as provided in § 54.1-3408.04 related to dispensing of interchangeable biosimilars.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16"}},"ancestry":[{"id":14492,"edition_id":1,"name":"Misbranded and Adulterated Drugs and Cosmetics","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13240,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":243685,"object_type":"structure","relational_id":14492,"identifier":"6","token":"54.1\/III\/34\/6","url":"\/54.1\/III\/34\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13240,"edition_id":1,"name":"Drug Control Act","identifier":"34","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":243223,"object_type":"structure","relational_id":13240,"identifier":"34","token":"54.1\/III\/34","url":"\/54.1\/III\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83286,"structure_id":14492,"section_number":"54.1-3457","catch_line":"Prohibited acts","url":"\/54.1-3457\/","token":"54.1\/III\/34\/6\/54.1-3457","metadata":false},{"id":78702,"structure_id":14492,"section_number":"54.1-3458","catch_line":"Violations","url":"\/54.1-3458\/","token":"54.1\/III\/34\/6\/54.1-3458","metadata":false},{"id":82436,"structure_id":14492,"section_number":"54.1-3459","catch_line":"Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses","url":"\/54.1-3459\/","token":"54.1\/III\/34\/6\/54.1-3459","metadata":false},{"id":82971,"structure_id":14492,"section_number":"54.1-3460","catch_line":"Poisonous or deleterious substance, or color additive","url":"\/54.1-3460\/","token":"54.1\/III\/34\/6\/54.1-3460","metadata":false},{"id":68796,"structure_id":14492,"section_number":"54.1-3461","catch_line":"Adulterated drug or device","url":"\/54.1-3461\/","token":"54.1\/III\/34\/6\/54.1-3461","metadata":false},{"id":75409,"structure_id":14492,"section_number":"54.1-3462","catch_line":"Misbranded drug or device","url":"\/54.1-3462\/","token":"54.1\/III\/34\/6\/54.1-3462","metadata":false},{"id":55895,"structure_id":14492,"section_number":"54.1-3463","catch_line":"Exemption of drugs dispensed by filling or refilling prescription","url":"\/54.1-3463\/","token":"54.1\/III\/34\/6\/54.1-3463","metadata":false},{"id":68497,"structure_id":14492,"section_number":"54.1-3464","catch_line":"Adulterated cosmetics","url":"\/54.1-3464\/","token":"54.1\/III\/34\/6\/54.1-3464","metadata":false},{"id":59606,"structure_id":14492,"section_number":"54.1-3465","catch_line":"Misbranded cosmetics","url":"\/54.1-3465\/","token":"54.1\/III\/34\/6\/54.1-3465","metadata":false}],"next_section":{"id":78702,"structure_id":14492,"section_number":"54.1-3458","catch_line":"Violations","url":"\/54.1-3458\/","token":"54.1\/III\/34\/6\/54.1-3458","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3457\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 650 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1970 \u201cActs\u201d aren\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 1988, chapter 765; in 2003, chapter 639<\/a>; in 2013, chapters 412<\/a> and 544<\/a>.<\/p>","references":[{"id":78702,"section_number":"54.1-3458","catch_line":"Violations","order_by":null,"url":"\/54.1-3458\/"},{"id":82436,"section_number":"54.1-3459","catch_line":"Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses","order_by":null,"url":"\/54.1-3459\/"},{"id":69148,"section_number":"65.2-603.1","catch_line":"Use of therapeutically equivalent drug products required","order_by":null,"url":"\/65.2-603.1\/"}],"refers_to":[{"id":81842,"section_number":"54.1-3408.03","catch_line":"Dispensing of therapeutically equivalent drug product permitted","order_by":null,"url":"\/54.1-3408.03\/"},{"id":61115,"section_number":"54.1-3408.04","catch_line":"Dispensing of interchangeable biosimilars permitted","order_by":null,"url":"\/54.1-3408.04\/"},{"id":55995,"section_number":"54.1-3421","catch_line":"New drugs","order_by":null,"url":"\/54.1-3421\/"}],"permalink":{"id":243687,"object_type":"law","relational_id":83286,"identifier":"54.1-3457","token":"54.1\/III\/34\/6\/54.1-3457","url":"\/54.1-3457\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3457\/","token":"54.1\/III\/34\/6\/54.1-3457","dublin_core":{"Title":"Prohibited acts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3457","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following acts shall be prohibited:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The manufacture<\/span>, sale<\/span>, delivery<\/span>, holding, or offering for sale<\/span> of any drug<\/span>, device<\/span>, or cosmetic that is adulterated or misbranded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The adulteration or misbranding of any drug<\/span>, device<\/span>, or cosmetic. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The receipt in commerce of any drug<\/span>, device<\/span>, or cosmetic that is adulterated or misbranded, and the delivery<\/span> or proffered delivery<\/span> thereof for pay or otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The sale<\/span>, delivery<\/span> for sale<\/span>, holding for sale<\/span>, or offering for sale<\/span> of any article in violation of § 54.1-3421<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The dissemination of any false advertisement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The giving of a false guaranty or undertaking. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The removal or disposal of a detained article in violation of § 54.1-3459<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling<\/span> of, or the doing of any other act with respect to, a drug<\/span>, device<\/span>, or cosmetic, if such act is done while such article is held for sale<\/span> and results in such article being adulterated or misbranded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The forging, counterfeiting, simulating, or falsely representing, or without proper authority using of any mark, stamp, tag, label<\/span>, or other identification device<\/span> authorized or required by regulations promulgated under the provisions of this chapter or of the federal act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The using by any person<\/span> to his own advantage, or revealing, other than to the Board<\/span> or its authorized representative or to the courts<\/span> when relevant in any judicial proceeding under this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> The using, on the labeling<\/span> of any drug<\/span> or in any advertisement<\/span> relating to such drug<\/span>, of any representation or suggestion that an application with respect to such drug<\/span> is effective under § 54.1-3421<\/a>, or that such drug<\/span> complies with the provisions of such section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> In the case of a drug<\/span> distributed or offered for sale<\/span> in this Commonwealth, the failure of the manufacturer<\/span>, packer, or distributor<\/span> thereof to maintain for transmittal, or to transmit, to any practitioner<\/span> licensed by applicable law<\/span> to administer<\/span> such drug<\/span> who makes written request for information as to such drug<\/span>, true and correct copies of all printed matter which is required to be included in any package in which that drug<\/span> is distributed or sold, or such other printed matter as is approved under the federal act. This subdivision shall not be construed to exempt any person<\/span> from any labeling<\/span> requirement imposed by or under other provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Placing or causing to be placed upon any drug<\/span> or device<\/span> or container, with intent<\/span> to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or selling, dispensing<\/span>, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession<\/span>, control, or custody<\/span>, with intent<\/span> to sell, dispense<\/span>, or dispose of, any drug<\/span>, device<\/span>, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by this section or making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession<\/span>, control, or custody<\/span>, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device<\/span> of another or any likeness of any of the foregoing upon any drug<\/span> or container or labeling<\/span> thereof so as to render such drug<\/span> a counterfeit drug<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> The doing of any act that causes a drug<\/span> to be a counterfeit drug<\/span>, or the sale<\/span> or dispensing<\/span>, or the holding for sale<\/span> or dispensing<\/span>, of a counterfeit drug<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Dispensing<\/span> or causing to be dispensed a different drug<\/span> or brand of drug<\/span> in place of the drug<\/span> or brand of drug<\/span> ordered or prescribed without the permission of the person<\/span> ordering or prescribing, except as provided in § 54.1-3408.03<\/a> relating to dispensing<\/span> of therapeutically equivalent drugs<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Dispensing<\/span> or causing to be dispensed a biosimilar<\/span> in place of a prescribed biological product<\/span> or brand of biological product<\/span>, except as provided in § 54.1-3408.04<\/a> related to dispensing<\/span> of interchangeable<\/span> biosimilars<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTS (\u00a7 54.1-3457)\n\nThe following acts shall be prohibited:\n\n1. The manufacture, sale, delivery, holding, or offering for sale of any drug,\ndevice, or cosmetic that is adulterated or misbranded.\n\n2. The adulteration or misbranding of any drug, device, or cosmetic.\n\n3. The receipt in commerce of any drug, device, or cosmetic that is adulterated\nor misbranded, and the delivery or proffered delivery thereof for pay or\notherwise.\n\n4. The sale, delivery for sale, holding for sale, or offering for sale of any\narticle in violation of § 54.1-3421.\n\n5. The dissemination of any false advertisement.\n\n6. The refusal to permit entry or inspection, or to permit the taking of a\nsample, or to permit access to or copying of any record.\n\n7. The giving of a false guaranty or undertaking.\n\n8. The removal or disposal of a detained article in violation of §\n54.1-3459.\n\n9. The alteration, mutilation, destruction, obliteration, or removal of the\nwhole or any part of the labeling of, or the doing of any other act with respect\nto, a drug, device, or cosmetic, if such act is done while such article is held\nfor sale and results in such article being adulterated or misbranded.\n\n10. The forging, counterfeiting, simulating, or falsely representing, or without\nproper authority using of any mark, stamp, tag, label, or other identification\ndevice authorized or required by regulations promulgated under the provisions of\nthis chapter or of the federal act.\n\n11. The using by any person to his own advantage, or revealing, other than to\nthe Board or its authorized representative or to the courts when relevant in any\njudicial proceeding under this chapter of any information acquired under\nauthority of this chapter concerning any method or process which as a trade\nsecret is entitled to protection.\n\n12. The using, on the labeling of any drug or in any advertisement relating to\nsuch drug, of any representation or suggestion that an application with respect\nto such drug is effective under § 54.1-3421, or that such drug complies\nwith the provisions of such section.\n\n13. In the case of a drug distributed or offered for sale in this Commonwealth,\nthe failure of the manufacturer, packer, or distributor thereof to maintain for\ntransmittal, or to transmit, to any practitioner licensed by applicable law to\nadminister such drug who makes written request for information as to such drug,\ntrue and correct copies of all printed matter which is required to be included\nin any package in which that drug is distributed or sold, or such other printed\nmatter as is approved under the federal act. This subdivision shall not be\nconstrued to exempt any person from any labeling requirement imposed by or under\nother provisions of this chapter.\n\n14. Placing or causing to be placed upon any drug or device or container, with\nintent to defraud, the trade name or other identifying mark, or imprint of\nanother or any likeness of any of the foregoing; or selling, dispensing,\ndisposing of, or causing to be sold, dispensed, or disposed of, or concealing or\nkeeping in possession, control, or custody, with intent to sell, dispense, or\ndispose of, any drug, device, or any container thereof, with knowledge that the\ntrade name or other identifying mark or imprint of another or any likeness of\nany of the foregoing has been placed thereon in a manner prohibited by this\nsection or making, selling, disposing of, or causing to be made, sold, or\ndisposed of, or keeping in possession, control, or custody, or concealing any\npunch, die, plate, stone, or other thing designed to print, imprint, or\nreproduce the trademark, trade name, or other identifying mark, imprint, or\ndevice of another or any likeness of any of the foregoing upon any drug or\ncontainer or labeling thereof so as to render such drug a counterfeit drug.\n\n15. The doing of any act that causes a drug to be a counterfeit drug, or the\nsale or dispensing, or the holding for sale or dispensing, of a counterfeit\ndrug.\n\n16. Dispensing or causing to be dispensed a different drug or brand of drug in\nplace of the drug or brand of drug ordered or prescribed without the permission\nof the person ordering or prescribing, except as provided in § 54.1-3408.03\nrelating to dispensing of therapeutically equivalent drugs.\n\n17. Dispensing or causing to be dispensed a biosimilar in place of a prescribed\nbiological product or brand of biological product, except as provided in §\n54.1-3408.04 related to dispensing of interchangeable biosimilars.\n\nHISTORY: 1970, c. 650, \u00a7 54-524.85; 1988, c. 765; 2003, c. 639; 2013, cc. 412,\n544.","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}}