The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 70 Engrossed 2017 Regular Session Donahue
Present law provides that the term "drug" includes all substances and preparations recognized in the
official compendium and intended for use in the diagnosis, treatment, or prevention of disease in
man or beast, and all substances and preparations, other than food and cosmetics, intended to affect
the structure or any function of the body.
Proposed law retains present law.
Present law provides that a drug or device is considered misbranded if it has been found to be
misbranded by any department of the U.S. government, or if, among other things:
(1)Its labeling is false or misleading in any particular. Any representation concerning any effect
of a drug or device is considered false for purposes of present law if the representation is not
supported by demonstrable scientific facts or substantial and reliable medical or scientific
opinion.
(2)It is dangerous to health under the conditions of use prescribed in the labeling or advertising
thereof.
(3)It is a drug and its container is so made, formed, or filled as to mislead the purchaser.
Proposed law retains present law.
Present law prohibits, among others, the following acts relative to drugs:
(1)The introduction or delivery for introduction into commerce of any food, drug, device, or
cosmetic that is adulterated or misbranded.
(2)The adulteration, or misbranding, of any food, drug, device, or cosmetic in commerce.
(3)The possession in any place where sales or service is made to the public of any food, drug,
device or cosmetic that is adulterated or misbranded.
Proposed law retains present law.
Present law provides that whoever violates any provision of present law relative to the misbranding
or adulteration of any drug is to be fined, for the first offense, up to $1,000, imprisoned for up to one
year, or both. Present law provides that for the second or subsequent offense, the person is to be
fined up to $3,000, or imprisoned for up to two years, or both. Present law further provides that any person who violates the provisions of present law relative to the false or misleading advertising of
a drug is to be fined up to $1,000 for each violation if the violation does not involve gross deception
or imminent danger to health, and is established by opinion evidence only.
Proposed law retains present law and adds that any person who violates present law relative to
misbranding or adulteration of any drug with the intent to defraud or mislead is to be imprisoned,
with or without hard labor, for up to five years, or fined up to $10,000, or both.
Effective August 1, 2017.
(Amends R.S. 40:639; adds R.S. 40:971.3)