Florida Statute 499.002 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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499.002 Purpose, administration, and enforcement of and exemption from this part.—

(1) This part is intended to:

(a) Safeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics.

(b) Provide uniform legislation to be administered so far as practicable in conformity with the provisions of, and regulations issued under the authority of, the Federal Food, Drug, and Cosmetic Act and that portion of the Federal Trade Commission Act which expressly prohibits the false advertisement of drugs, devices, and cosmetics.

(c) Promote thereby uniformity of such state and federal laws, and their administration and enforcement, throughout the United States.

(2) The department shall administer and enforce this part to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, repackaging, or distribution of drugs, devices, and cosmetics.

(3) For the purpose of any investigation or proceeding conducted by the department under this part, the department may administer oaths, take depositions, issue and serve subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, or other evidence. The department shall exercise this power on its own initiative. Challenges to, and enforcement of, the subpoenas and orders shall be handled as provided in s. 120.569.

(4) Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports any violation of this part shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(5) This part does not require the department to report, for the institution of proceedings under this part, minor violations of this part when it believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

(6) Common carriers engaged in interstate commerce are not subject to this part if they are engaged in the usual course of business as common carriers.

(7) Notwithstanding any other law or local ordinance or regulation to the contrary, the regulation of over-the-counter proprietary drugs and cosmetics is expressly preempted to the state.

History.—s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 2, 3, ch. 86-133; s. 2, ch. 87-50; ss. 2, 4, 6, 48, 49, 50, 52, ch. 92-69; s. 240, ch. 96-410; s. 236, ch. 99-8; s. 1, ch. 2008-207; s. 1, ch. 2020-118.

Note.—Subsection (2) former s. 499.004; subsection (3) former s. 499.0053; subsection (4) former s. 499.07; subsection (5) former s. 499.071; subsection (6) former s. 499.081.

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Amendments to 499.002

Annotations, Discussions, Cases:

Cases Citing Statute 499.002

Total Results: 5 | Sort by: Relevance | Newest First

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T.W.M. v. Am. Med. Sys., Inc., 886 F. Supp. 842 (N.D. Fla. 1995).

Cited 29 times | Published | District Court, N.D. Florida | 1995 U.S. Dist. LEXIS 7231, 1995 WL 319071

..." Id. (citations omitted). The stated purpose of the Florida Drug and Cosmetic Act is to: "[s]afeguard the public health and promote the public welfare by protecting the public from injury by product use ... involving drugs, devices, and cosmetics." § 499.002(1), Fla.Stat....

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3m Health Care, Ltd. v. Richard R. Grant, Adm'r, Pharmacy Prog., Florida Dep't of Health & Rehabilitative Servs., State of Florida, 908 F.2d 918 (11th Cir. 1990).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 13733, 1990 WL 104159

...and promote the public welfare by protecting the consuming public from injury by product use, and protecting the purchasing public from injury by merchandising deceit, flowing from intrastate commerce in drugs, devices, and cosmetics. ****** Id. at § 499.002....

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United States v. Franck's Lab, Inc., 816 F. Supp. 2d 1209 (M.D. Fla. 2011).

Cited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 102560, 2011 WL 4031102

...§§ 499.001 et seq., which was enacted to “provide uniform legislation to be administered so far as practicable in conformity with the provisions of, and regulations issued under the authority of, the Federal Food, Drug, and Cosmetic Act,” id. § 499.002(b) (emphasis added), defines “manufacture” as “the preparation, deriving, compounding, propagation, producing, or fabrication of any drug, device, or cosmetic,” id....

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Fields v. Mylan Pharm., Inc., 751 F. Supp. 2d 1257 (N.D. Fla. 2009).

Cited 1 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 130126, 2009 WL 7115134

...One of the stated purposes of the Florida Drug and Cosmetic Act is to "[s]afeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics." Fla. Stat. § 499.002(1)(a)(2008). Section 499.002 provides that the Florida Department of Health "shall administer and enforce [§§ 499.001-499.081] to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, repackaging, or distribution of drugs, devices, and cosmetics." Fla. Stat. § 499.002 (2008)....

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Ronald Brown, Jr. v. Sheriff Mike Williams, 270 So. 3d 447 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...ut also from merchandising deceit: “[This part is intended to] [s]afeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics.” § 499.002(1)(a), Fla....

...people intended to use to get high or to obtain certain effects. Smokers Video concedes the drugs it sold were illegal under Chapter 893. Chapter 499 was created, in part, to protect the public from “injury by product use” and by “merchandising deceit involving drugs.” § 499.002, Fla....

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