---
title: O.C.G.A. § 26-3-12. When a cosmetic deemed misbranded.
collection: code
id: 26-3-12
cite_as: O.C.G.A. § 26-3-12 (2025)
canonical_url: https://georgiacommons.org/code/26-3-12
md_url: https://georgiacommons.org/code/26-3-12.md
text_url: https://georgiacommons.org/code/26-3-12/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-t26-(v21)-2023-pdf.pdf?sfvrsn=5423edd_0#page=474
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/26-3.md
previous: https://georgiacommons.org/code/26-3-11.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: FOOD, DRUGS, AND COSMETICS / STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS
---

# O.C.G.A. § 26-3-12. When a cosmetic deemed misbranded.

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If in package form unless it bears a label containing:

(A) The name and place of business of the manufacturer, packer, or distributor; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the State Board of Pharmacy;

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(4) If its container is so made, formed, or filled as to be misleading.

## History

Ga. L. 1961, p. 529, § 13; Code 1933, § 79A-1012, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1984, p. 22, § 26.

## Cross References

Deceptive trade practices generally, § 10-1-370 et seq.