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Official Code of Georgia Annotated

Title 26. FOOD, DRUGS, AND COSMETICS · Chapter 2. STANDARDS, LABELING, AND ADULTERATION OF FOOD · Article 16. COMMON-SENSE CONSUMPTION

26-2-431. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this article, the term:

  2. (1)

    “Claim” means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.#

  3. (2)

    “Federal act” means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).#

  4. (3)

    “Generally known condition allegedly caused by or allegedly likely to result from long-term consumption” means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption.#

  5. (4)

    “Knowing and willful” means that:#

    1. (A)

      The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and#

    2. (B)

      The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.#

  6. (5)

    “Other person” means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or other entity, including any governmental entity or private attorney general.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 26-2-431, enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-t26-(v21)-2023-pdf.pdf, Volume V21, 2023 edition, pages 440 to 441; merge action: carried; file SHA-256 8eab3bec6887.