                                 CODE OF VIRGINIA

PROHIBITED ACTS (§ 54.1-3457)

The following acts shall be prohibited:

1. The manufacture, sale, delivery, holding, or offering for sale of any drug,
device, or cosmetic that is adulterated or misbranded.

2. The adulteration or misbranding of any drug, device, or cosmetic.

3. 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.

4. The sale, delivery for sale, holding for sale, or offering for sale of any
article in violation of &#xA7; 54.1-3421.

5. The dissemination of any false advertisement.

6. 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.

7. The giving of a false guaranty or undertaking.

8. The removal or disposal of a detained article in violation of &#xA7;
54.1-3459.

9. 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.

10. 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.

11. 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.

12. 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 &#xA7; 54.1-3421, or that such drug complies
with the provisions of such section.

13. 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.

14. 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.

15. 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.

16. 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 &#xA7; 54.1-3408.03
relating to dispensing of therapeutically equivalent drugs.

17. Dispensing or causing to be dispensed a biosimilar in place of a prescribed
biological product or brand of biological product, except as provided in &#xA7;
54.1-3408.04 related to dispensing of interchangeable biosimilars.

HISTORY: 1970, c. 650, § 54-524.85; 1988, c. 765; 2003, c. 639; 2013, cc. 412,
544.