This bill amends Section 16-7-2 of the Code of West Virginia to classify certain drugs as adulterated if they contain specific food dyes and additives. The new legal language introduces a sixth criterion for adulteration in drugs, stating that a drug is considered adulterated if it contains any added substances or ingredients that are poisonous or injurious to health, specifically naming butylated hydroxyanisole, propylparaben, and several FD&C color additives (such as FD&C Blue No. 1, FD&C Red No. 40, etc.). This addition aims to enhance consumer safety by regulating harmful substances in pharmaceuticals.

Additionally, the bill removes a previous provision that allowed for the adulteration of drugs based on the removal and replacement of contents in their packaging. The overall intent of the bill is to strengthen the definition of adulterated drugs to include those with potentially harmful additives, thereby protecting public health and ensuring that drugs meet safety standards. The amendments are set to take effect on January 1, 2028.

Statutes affected:
Introduced Version: 16-7-2