Colorado § 25-5-403 - Offenses.

§ 25-5-403. Offenses.

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

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

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

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

(d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 25-5-412;

(e) The dissemination of any false or misleading advertisement;

(f) The refusal to permit entry, inspection, or the taking of a sample, as authorized by section 25-5-421;

(g) The giving of a false guaranty or undertaking except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the food, drug, device, or cosmetic;

(h) The removal or disposal of a detained or embargoed article in violation of section 25-5-406;

(i) 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 food, drug, device, or cosmetic which results in such article being adulterated or misbranded, if such act is done while such article is being stored or held for sale;

(j) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device required by this part 4 or by regulations promulgated under the provisions of this part 4;

(k) The distribution or causing to be distributed in commerce of any consumer commodity if such commodity is contained in a package or if there is affixed to that commodity a label which does not conform to the provisions of this part 4 and of regulations promulgated pursuant to this part 4; except that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

(I) Are engaged in the packaging or labeling of such commodities; or

(II) Prescribe or specify by any means the manner in which such commodities are packaged or labeled;

(l) The using by any person to his own advantage or the revealing, other than to the executive director of the department or his authorized representative or to the courts, when relevant in any judicial proceeding under this part 4, of any information acquired under authority of this part 4 concerning any method or process which as a trade secret is entitled to protection.

(2) It is prohibited for any person to sell, give, or in any way furnish to another person who is under the age of twenty-one years any confectionery which contains alcohol in excess of one-half of one percent by volume.

(3) Repealed.

Source: L. 57: p. 426, § 3. CRS 53: § 66-22-3. C.R.S. 1963: § 66-20-3. L. 70: p. 199, § 2. L. 89: (2) added, p. 708, § 3, effective July 1. L. 2010: (3) added, (HB 10-1284), ch. 355, p. 1684, § 3, effective July 1. L. 2018: (3) amended, (HB 18-1023), ch. 55, p. 589, § 19, effective October 1. L. 2019: (3) repealed, (SB 19-224), ch. 315, p. 2940, § 25, effective January 1, 2020.

ANNOTATION

Common-law offense. The selling of unwholesome provisions to be used for human consumption was an indictable offense at common law. Ferch v. People, 101 Colo. 471, 74 P.2d 712 (1937).

Duty to warn where product may produce allergic reaction. Where a cosmetic contains an ingredient to which a substantial number of the population are allergic, and the ingredient is one whose danger is not generally known or which the consumer would reasonably not expect to find in the product, the seller is required to give warning against it, if he has knowledge, or by the application of reasonably developed human skill and foresight should have knowledge, of the presence of the ingredient and the danger. Howard v. Avon Prods., Inc., 155 Colo. 444, 395 P.2d 1007 (1964).

The duty to warn need not be predicated upon actual knowledge only, but there must be reasonable foreseeability of the danger from the product to sensitive users. Howard v. Avon Prods., Inc., 155 Colo. 444, 395 P.2d 1007 (1964).

Misbranding prohibition. The "Colorado Food and Drug Act" prohibition against misbranding applied to an intrauterine device distributed by prescription through a physician to the lay public. Palmer v. A.H. Robins Co. Inc., 684 P.2d 187 (Colo. 1984).