(410 ILCS 620/15) (from Ch. 56 1/2, par. 515)
Sec. 15.
A drug or device is misbranded - (a) If its labeling is false
or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the name
and place of business of the manufacturer, packer or distributor; and (2)
an accurate statement of the quantity of the contents in terms of weight,
measure or numerical count. However, under paragraph (2) of
this subsection
reasonable variations shall be permitted and exemptions as to small
packages shall be allowed, in accordance with regulations prescribed by the
Director or issued under the Federal Act.
(c) If any word, statement or other information required by or under
authority of this Act 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 person under
customary conditions of purchase and use.
(d) If it is for use by man and contains any quantity of the narcotic or
hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal,
cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana,
morphine, opium, paraldehyde, peyote or sulphonmethane, (or any chemical
derivative of such substance, which derivative, after investigation, has
been found to be and is designated as habit forming, by regulations issued
by the Director under this Act, or by regulations issued pursuant to
Section 502(d) of the Federal Act) unless its label bears the name and
quantity or proportion of such substance or derivative and in juxtaposition
therewith the statement "Warning--May be habit forming".
(e) (1) If it is a drug, unless (A) its label bears to the exclusion of any
other nonproprietary name (except the applicable systematic chemical name
or the chemical formula), (i) the established name (as defined in
paragraph (2) of this subsection) of the drug, if
such there be; and (ii), in case it is
fabricated from 2 or more ingredients, the established name and quantity of
each active ingredient, including the kind and quantity or proportion of
any alcohol, and also including whether active or not, the established name
and quantity or proportion of any bromides, ether, chloroform, acetanilid,
acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine,
arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin,
strychnine, thyroid or any derivative or preparation of any such substances
contained therein, except the requirement for stating the
quantity of the
active ingredients, other than the quantity of those specifically named in
this paragraph, shall apply only to prescription drugs; and,
(B) for any prescription drug the established name of such drug or
ingredient, as the case may be, on such label (and on any labeling on which
a name for such drug or ingredient is used) is printed prominently and in
type at least half as large as that used thereon for any proprietary name
or designation for such drug or ingredient to
the extent that compliance with the requirements of subclause (ii) of
clause (A) or clause (B) of this paragraph is impracticable, exemptions
may be allowed under regulations promulgated by the Director
or under the Federal Act.
(2) As used in paragraph (1) of this subsection (e), "established
name", with respect to a drug or
ingredient thereof, means (A) the applicable official name designated pursuant
to Section 508 of the Federal Act, or (B) if
there is no such name and such drug or such ingredient is an article
recognized in an official compendium, then the official title thereof in
such compendium or (C) if neither clause (A) nor clause (B) of this paragraph
applies, then the common or usual name, if any, of such drug
or of such ingredient. However, where clause (B) of this paragraph applies
to an article recognized in the United States Pharmacopoeia
-
National Formulary and in the Homeopathic Pharmacopoeia under different
official titles, the official title used in the United States
Pharmacopoeia - National Formulary shall apply unless it is labeled and
offered for sale as a homeopathic drug, in which case the official title
used in the Homeopathic Pharmacopoeia shall apply.
(3) If it is a device
and it has an established name, unless its label bears, to the exclusion of
any other nonproprietary name, its established name (as defined in paragraph
(4) of this subsection (e)) prominently printed in type at least half as large as that
used thereon for any proprietary name or designation for such device,
except that to the extent compliance with this paragraph (3) is impracticable,
exemptions shall be allowed under regulations promulgated under the Federal
Act.
(4) As used in paragraph (3), "established name", with
respect to a device, means (A) the applicable official name of the device
designated pursuant to Section 508 of the Federal Act, (B) if there is no
such name and such device is an article recognized in an official
compendium, then the official title thereof in such compendium, or (C) if
neither clause (A) nor clause (B) of this paragraph applies, then any
common or usual name.
(f) Unless its labeling bears (1) adequate directions for use; and (2)
such adequate warnings against use in those pathological conditions or by
children where its use may be dangerous to health or against unsafe dosage
or methods or duration of administration or application in such manner and
form as are necessary for the protection of users. However, where any
requirement of clause (1) of this subsection (f) as applied
to any drug or
device, is not necessary for the protection of the public health, the
Director shall promulgate regulations exempting such drug or device from
such requirements; and the articles exempted under regulations issued under
Section 502(f) of the Federal Act may also be exempt.
(g) If it purports to be a drug the name of which is recognized in an
official compendium, unless it is packaged and labeled as prescribed
therein. However, the method of packing may be modified with the consent of
the Director, or if consent is obtained under the Federal Act. When a drug
is recognized in both the United States Pharmacopoeia - National
Formulary and the Homeopathic
Pharmacopoeia of the United States, it shall be subject to the requirements
of the United States Pharmacopoeia - National Formulary with respect to
packaging and labeling
unless it is labeled and offered for sale as a homeopathic drug, in which
case it shall be subject to the provisions of the Homeopathic Pharmacopoeia
of the United States and not to those of the United States Pharmacopoeia -
National Formulary; and, in the event of inconsistency between the requirements
of this subsection and those of subsection
(e) as to the name by which the drug or its ingredients shall be designated,
the requirements of subsection (e) shall prevail.
(h) If it has been found by the Director or under the Federal Act to be
a drug liable to deterioration, unless it is packaged in such form and
manner, and its label bears a statement of such precautions, as the
regulations issued by the Director or under the Federal Act require as
necessary for the protection of public health. No such regulation shall be
established for any drug recognized in an official compendium until the
Director shall have informed the appropriate body charged with the revision
of such compendium of the need for such packaging or labeling requirements
and such body shall have failed within a reasonable time to prescribe such
requirements.
(i) (1) If it is a drug and its container is so made, formed or filled
as to be misleading; or (2) if it is an imitation of another drug; or (3)
if it is offered for sale under the name of another drug.
(j) If it is dangerous to health when used in the dosage (or manner) or with the
frequency or duration prescribed, recommended or suggested in the labeling
thereof.
(k) If it is or purports to be or is represented as a drug composed
wholly or partly of insulin, unless (1) it is a batch with respect to which
a certificate or release has been issued pursuant to Section 506 of the
Federal Act and (2) such certificate or release is in effect with respect
to such drug.
(l) If it is or purports to be or is represented as a drug (except a
drug for use in animals other than man) composed
wholly or partly of any kind of penicillin, streptomycin,
chlortetracycline, chloramphenicol or bacitracin or any other antibiotic
drug or any derivative thereof unless (1) it is from a batch with respect
to which a certificate or release has been issued pursuant to Section 507
of the Federal Act and (2) such certificate or release is in effect with
respect to such drug. However, this subsection (l) shall
not apply to any drug
or class of drugs exempted by regulations promulgated under Section 507(c)
or (d) of the Federal Act. For the purpose of this subsection, "antibiotic
drug" means any drug intended for use by man containing any
quantity of any chemical substance which is produced by a microorganism and
which has the capacity to inhibit or destroy microorganisms in dilute
solution (including the chemically synthesized equivalent of any such
substance).
(m) If it is a color additive, the intended use of which in or on drugs
is for the purpose of coloring only, unless its packaging and labeling are
in conformity with such packaging and labeling requirements applicable to
such color additive prescribed under the provision of Section 13(b) or of
the Federal Act.
(n) In the case of any prescription drug distributed or offered for sale
in this State, unless the manufacturer, packer or distributor thereof
includes in all advertisements and other descriptive printed matter issued
or caused to be issued by the manufacturer, packer or distributor with
respect to that drug a true statement of (1) the established name as
defined in paragraph (2) of subsection (e) of Section 15 of this
Act, (2) the formula showing
quantitatively each ingredient of such drug to the extent required for
labels under Section 502(e) of the Federal Act, and (3) such other
information in brief summary relating to side effects, contraindications,
and effectiveness as shall be required in regulations issued under the
Federal Act.
(o) If it was manufactured, prepared, propagated, compounded or
processed in an establishment in this State not duly registered under
Section 510 of the Federal Act, if it was not included in a list required
by Section 510(j) of the Federal Act, if a notice or other information
respecting it was not provided as required by such Section or Section
510(k) of the Federal Act, or if it does not bear such symbols from the
uniform system for identification of devices prescribed under Section
510(e) of the Federal Act as required by regulation.
(p) If a trademark, trade name or other identifying mark, imprint or
device of another or any likeness of the foregoing has been placed thereon
or upon its container with intent to defraud.
(q) If it is a drug and its packaging or labeling is
in violation of an applicable regulation issued pursuant to Section 3, 4 or
5 of the Illinois Poison Prevention Packaging Act.
(r) In the case of any restricted device distributed or offered for
sale in this State, if (1) its advertising is false or misleading in any
particular, or (2) it is sold, distributed or used in violation or
regulations prescribed under Section 520(e) of the Federal Act.
(s) In the case of any restricted device distributed or offered for sale
in this State, unless the manufacturer, packer or distributor thereof
includes in all advertisements and other descriptive printed matter issued
by the manufacturer, packer or distributor with respect to that device (1)
a true statement of the device's established name as defined in Section
502(e) of the Federal Act or subsection (e) of Section 15 of this Act, printed
prominently
and in type at least half as large as that used for any trade or brand name
thereof, and (2) a brief statement of the intended uses of the device and
relevant warnings, precautions, side effects and contraindications and in
the case of specific devices made subject to regulations issued under the
Federal Act, a full description of the components of such device or the
formula showing quantitatively each ingredient of such device to the extent
required in regulations under the Federal Act.
(t) If it is a device subject to a performance standard established
under Section 514 of the Federal Act, unless it bears such labeling as may
be prescribed in such performance standard.
(u) If it is a device and there was a failure or refusal (1) to comply
with any requirement prescribed under Section 518 of the Federal Act
respecting the device, or (2) to furnish material required by or under
Section 519 of the Federal Act respecting the device.
(Source: P.A. 84-891.)
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