Official Code of Georgia Annotated

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

26-2-434. Requirements of complaint.

Active

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

(a)
In any action exempted under paragraph (1) of Code Section 26-2-433, the complaint initiating such action shall state with particularity the following:#
1. (1)
  The statute, regulation, or other law of this state or of the United States that was allegedly violated;#
2. (2)
  The facts that are alleged to constitute a material violation of such statute, regulation, or other law; and#
3. (3)
  The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.#
(b)
In any action exempted under paragraph (2) of Code Section 26-2-433, in addition to the requirements of subsection (a) of this Code section, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers.#
(c)
For purposes of applying this article, the requirements of this Code section are hereby deemed part of the substantive law of this state and not merely in the nature of procedural provisions.#

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, § 26-2-434, 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, page 442; merge action: carried; file SHA-256 8eab3bec6887.

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