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.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
As used in this article, the term:
- (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.#
- (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.).#
- (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.#
- (4)
“Knowing and willful” means that:#
- (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#
- (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.#
- (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.#
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.