CODE OF VIRGINIA

PROHIBITED ACTS (§ 54.1-3457)

The following acts shall be prohibited:

   1.  The manufacture, sale, delivery, holding, or offering for sale 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 § 54.1-3421.

   5.  The dissemination of any false advertisement.

   6.  The refusal to permit entry or inspection, or to permit the taking of a
   sample, or to permit access to or copying of any record.

   7.  The giving of a false guaranty or undertaking.

   8.  The removal or disposal of a detained article in violation of §
   54.1-3459.

   9.  The alteration, mutilation, destruction, obliteration, or 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 adulterated or
   misbranded.

   10.  The forging, counterfeiting, simulating, or falsely representing, or
   without proper authority using of any mark, stamp, tag, label, or other
   identification device authorized or required by regulations promulgated under
   the provisions of this chapter or of the federal act.

   11.  The using by any person to his own advantage, or revealing, other than to
   the Board or its authorized representative or to the courts when relevant in
   any judicial proceeding under this chapter of any information acquired under
   authority of this chapter concerning any method or process which as a trade
   secret is entitled to protection.

   12.  The using, on the labeling of any drug or in any advertisement relating
   to such drug, of any representation or suggestion that an application with
   respect to such drug is effective under § 54.1-3421, or that such drug
   complies with the provisions of such section.

   13.  In the case of a drug distributed or offered for sale in this
   Commonwealth, the failure of the manufacturer, packer, or distributor thereof
   to maintain for transmittal, or to transmit, to any practitioner licensed by
   applicable law to administer such drug who makes written request for
   information as to such drug, true and correct copies of all printed matter
   which is required to be included in any package in which that drug is
   distributed or sold, or such other printed matter as is approved under the
   federal act. This subdivision shall not be construed to exempt any person from
   any labeling requirement imposed by or under other provisions of this chapter.

   14.  Placing or causing to be placed upon any drug or device or container,
   with intent to defraud, the trade name or other identifying mark, or imprint
   of another or any likeness of any of the foregoing; or selling, dispensing,
   disposing of, or causing to be sold, dispensed, or disposed of, or concealing
   or keeping in possession, control, or custody, with intent to sell, dispense,
   or dispose of, any drug, device, or any container thereof, with knowledge that
   the trade name or other identifying mark or imprint of another or any likeness
   of any of the foregoing has been placed thereon in a manner prohibited by this
   section or making, selling, disposing of, or causing to be made, sold, or
   disposed of, or keeping in possession, control, or custody, or concealing any
   punch, die, plate, stone, or other thing designed to print, imprint, or
   reproduce the trademark, trade name, or other identifying mark, imprint, or
   device of another or any likeness of any of the foregoing upon any drug or
   container or labeling thereof so as to render such drug a counterfeit drug.

   15.  The doing of any act that causes a drug to be a counterfeit drug, or the
   sale or dispensing, or the holding for sale or dispensing, of a counterfeit
   drug.

   16.  Dispensing or causing to be dispensed a different drug or brand of drug
   in place of the drug or brand of drug ordered or prescribed without the
   permission of the person ordering or prescribing, except as provided in §
   54.1-3408.03 relating to dispensing of therapeutically equivalent drugs.

   17.  Dispensing or causing to be dispensed a biosimilar in place of a
   prescribed biological product or brand of biological product, except as
   provided in § 54.1-3408.04 related to dispensing of interchangeable
   biosimilars.

HISTORY: 1970, c. 650, § 54-524.85; 1988, c. 765; 2003, c. 639; 2013, cc. 412,
544.