Meaning of ''intended uses''.
The words intended uses or words of similar import in §§201.5,
201.115, 201.117, 201.119, 201.120, and 201.122 refer to the
objective intent of the... View More
Meaning of ''intended uses''.
The words intended uses or words of similar import in §§201.5,
201.115, 201.117, 201.119, 201.120, and 201.122 refer to the
objective intent of the persons legally responsible for the
labeling of drugs. The intent is determined by such persons'
expressions or may be shown by the circumstances surrounding the
distribution of the article. This objective intent may, for
example, be shown by labeling claims, advertising matter, or oral
or written statements by such persons or their representatives. It
may be shown by the circumstances that the article is, with the
knowledge of such persons or their representatives, offered and
used for a purpose for which it is neither labeled nor advertised.
The intended uses of an article may change after it has been
introduced into interstate commerce by its manufacturer. If, for
example, a packer, distributor, or seller intends an article for
different uses than those intended by the person from whom he
received the drug, such packer, distributor, or seller is required
to supply adequate labeling in accordance with the new intended
uses. But if a manufacturer knows, or has knowledge of facts that
would give him notice, that a drug introduced into interstate
commerce by him is to be used for conditions, purposes, or uses
other than the ones for which he offers it, he is required to
provide adequate labeling for such a drug which accords with such
other uses to which the article is to be put.
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