---
title: O.C.G.A. § 26-3-3. Prohibited acts.
collection: code
id: 26-3-3
cite_as: O.C.G.A. § 26-3-3 (2025)
canonical_url: https://georgiacommons.org/code/26-3-3
md_url: https://georgiacommons.org/code/26-3-3.md
text_url: https://georgiacommons.org/code/26-3-3/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=462
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/26-3-2.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. § 26-3-3. Prohibited acts.

The following acts and the causing thereof within this state are prohibited:

(1) The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded;

(1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded;

(2) The adulteration or misbranding of any drug, device, or cosmetic;

(3) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-3-10;

(5) The dissemination of any false advertisement;

(6) The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section 26-3-17;

(7) The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith;

(8) The removal or disposal of a detained or embargoed article in violation of Code Section 26-3-4;

(9) The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded;

(10) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and

(11) The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section 26-3-10.

## History

Ga. L. 1961, p. 529, § 3; Code 1933, § 79A-1003, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1996, p. 1609, § 1.

## Law Reviews

For article, “Products Liability Law in Georgia: Is Change Coming?,” see 10 Ga. St. B.J. 353 (1974).