§ 30-37. Articles deemed misbranded.

For the purpose of this article, an article shall be deemed to be misbranded if:

(1)

It is an imitation of and offered for sale under the distinctive name of another article.

(2)

It is so labeled or branded as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it shall fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha, beta, eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein.

(3)

In package form, and the contents are stated in terms of weight or measure, that are not plainly and correctly stated on the outside of the package.

(4)

The package containing it or its label shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or misleading in any particular, provided that an article of food which does not contain any added or poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

a.

In the case of mixtures or compounds which may be from time to time known as articles of food, under their own distinctive names, and not an imitation of and offered for sale under the distinctive name of another article, if the mixture or compound is accompanied on the same label or brand with a statement of the place where such article has been manufactured or produced.

b.

In cases of articles so labeled, branded or tagged as to plainly indicate that they are compounds, imitations or blends, and such word is plainly stated on the package in which it is offered for sale, provided that the term "blend" as used in this subsection shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring or flavoring only; and provided, further, that nothing in this subsection shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except insofar as the provisions of this article apply to secure freedom from adulteration or misbranding.

(Code of Gen. Ords. 1967, § 15.26)

State law reference

Food deemed misbranded, RSMo 196.075.