                                 CODE OF VIRGINIA

MISBRANDED FOOD (§ 3.2-5123)

A. A food shall be deemed to be misbranded:

   1. If its labeling is false or misleading in any particular.

   2. 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.

   3. 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.

   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 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
   				c. 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.
   				To 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. 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 of
   uniform 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 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. 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 &#xA7;
   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. If it purports to be or is represented as:
   				a. A food for which a standard of quality has been prescribed by
   regulations as provided by &#xA7; 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
   				b. A food for which a standard or standards of fill of container have been
   prescribed by regulations as provided by &#xA7; 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. 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.

   12. 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.

   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 health
   claims.

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, 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.

HISTORY: Code 1950, §§ 3-307, 3-316; 1966, c. 702, §§ 3.1-387, 3.1-396;
1996, c. 728; 2008, c. 860.