La. Admin. Code tit. 49, § I-237 - Misbranding-Labels Lacking Prominence or Conspicuousness [Formerly 49:2.0180]

A. A word, statement or other information required by or under authority of the Act to appear on the label shall be deemed to lack that prominence and conspicuousness required by Section 608 (6) of the Act by reason (among other reasons) of:

1. the failure of such word, statement or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase; or

2. the failure of such word, statement, or information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be under customary conditions of purchase, the part of panel displayed; or

3. the failure of the label to extend over the area of the container or package available for extension of the label so as to provide sufficient label space for the prominent placing of such word, statement of information; or

4. insufficiency of label space (for the prominent placing of such word, statement or information) resulting from the use of label space for any word statement, design, or device which is not required by or under authority of the Act to appear on the label; or

5. insufficiency of label space (for the prominent placing of such word, statement or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information or to any design or device; or

6. smallness or style of type in which such word, statement, or information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written printed or graphic matter.

Notes

La. Admin. Code tit. 49, § I-237

Adopted by the Department of Health and Human Resources, Office of Preventive and Public Health Services, September 1968.

AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.