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"We may be facing a possible misbranding; in other words, the product may not work."
The act also banned "misbranding" of food and drugs.
These charges were in connection with the misbranding which led to the three deaths in the Pacific Northwest.
But our current unwillingness to act should not be interpreted as sanctioning of this misbranding, nor does it preclude action in the future."
"The adulteration or misbranding of any food, drug, device or cosmetic in interstate commerce" [FD&C Act, sec.
Three Indicted for False Labeling, Smuggling and Misbranding of Seafood Products(10-100)
Under Harvey Washington Wiley, appointed chief chemist in 1883, the Division began conducting research into the adulteration and misbranding of food and drugs on the American market.
The responsibility for examining food and drugs for such "adulteration" or "misbranding" was given to Wiley's USDA Bureau of Chemistry.
However, if a store happens to be selling both a food and a book which makes false claims about that food, and is selling the items separately, then no misbranding occurs.
Johnson & Johnson Subsidiary Scios Pleads Guilty to Misbranding Heart Failure Drug Natrecor(11-1323)
Seafood Wholesaler Owners Sentenced in Alabama for Selling Falsely Labeled Fish, Smuggling and Misbranding of Seafood Products(11-577)
But the Food and Drug Administration (FDA) is alerting consumers about false and misleading claims being made about products used in lipodissolve, and about other misbranding of these products.
The Act expressly prohibits the "introduction, or delivery for introduction into interstate commerce of food... that is adulterated or misbranded", as well as the actual adulteration or misbranding of food.