The bill amends section 17764 of the Public Health Code to enhance regulations surrounding the sale and labeling of drugs and devices. It establishes that individuals cannot sell, offer for sale, possess for sale, or manufacture drugs or devices with misleading labels regarding their contents, uses, or purposes, with violations classified as misdemeanors. The bill also modifies the language regarding the determination of misleading labels, emphasizing that consideration must be given to various representations made by the label and the material facts that may affect the drug's use.

Additionally, the bill increases penalties for individuals who knowingly or recklessly adulterate or misbrand drugs or devices. It introduces a tiered felony punishment system based on the severity of the consequences resulting from such violations, including personal injury, serious impairment of a body function, or death. The penalties range from imprisonment for up to 15 years and fines up to $20,000 for death resulting from violations, to life imprisonment without parole for violations intended to cause serious harm to multiple individuals. The bill also clarifies that individuals can face additional charges for other violations committed while violating this section.

Statutes affected:
House Introduced Bill: 333.17764