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HomeHealth and Safety CodeDiv. 104Pt. 5Ch. 1§ 109905 Counterfeit Food And Drugs

§ 109905 Counterfeit Food And Drugs

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 109905 Counterfeit Food And Drugs

This law says it's illegal to fake or copy food, medicine, or beauty products by using someone else's brand name or logo without permission.

Key Takeaways

  • •You can't put a fake brand name or logo on food, medicine, or beauty products.
  • •It's illegal to pretend your product is made by a famous company when it's not.
  • •This law helps stop people from selling fake or unsafe products.

Example

Someone makes fake sneakers with the Nike logo and sells them as real Nikes.

This is illegal because they're using Nike's logo without permission to trick people into thinking the sneakers are real.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 109905 Counterfeit Food And Drugs

“Counterfeit”, as used in respect to any food, drug, device, or cosmetic, means a food, drug, device, or cosmetic that bears or whose package or labeling bears, without authorization, the trademark, trade name, or other identifying mark, imprint, or device, or any likeness or trademark, trade name, or other identifying mark, imprint, or device of a manufacturer, processor, packer, or distributor, other than the actual manufacturer, processor, packer, or distributor, or that falsely purports or is represented to be the product of, or to have been packed or distributed by, the other manufacturer, processor, packer, or distributor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

Counterfeittrademarktrade nameidentifying markmanufacturerprocessorpackerdistributor

Related Statutes

  • § 11003 Agent Definition Exclusions
  • § 110310 Drug Information Disclosure Requirements
  • § 110413 Advertiser Liability Exemption
  • § 110675 Food Labeling Requirements
  • § 111340 Drug Labeling Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 109905.
View Official Source