For the purposes of this chapter, a drug is deemed to be misbranded:

(1) If it is an imitation of or offered for sale under the name of another drug;

(2) If the contents of the package as originally put up were removed, in whole or in part, and other contents were placed in such package or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein;

(3) If its package or label bears any statement, design or device regarding such article, or the ingredients or substances contained therein which is false or misleading in any particular way;

(4) If it is included in the definition of misbranding in the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.].

32 Del. Laws, c. 190, § ?4; Code 1935, § ?3997; 16 Del. C. 1953, § ?3308; 63 Del. Laws, c. 83, §§ ?3, 4;

Terms Used In Delaware Code Title 16 Sec. 3308

  • Drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either humans or other animals. See Delaware Code Title 16 Sec. 3301
  • Food: includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound. See Delaware Code Title 16 Sec. 3301
  • misbranded: as used in this chapter , applies to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substances contained therein which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. See Delaware Code Title 16 Sec. 3307
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