Misbranding a Controlled Substance


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Claiming that a drug is something it’s not, is misbranding – and people in Pennsylvania have run both small and large-scale businesses selling pills disguised as other drugs. Often, misbranding occurs in Internet drug sales.

What You Need To Know About Misbranding A Controlled Substance

  • In Pennsylvania, misbranding a controlled substance occurs when a drug, device or cosmetic is sold with false or misleading information on its label. It is misbranding if, for example, you sell pills you know are aspirin in a bottle labeled “Percocet.”
  • The label should include adequate directions for use and adequate warnings. For example, drug labeling should state if there is an unsafe dosage.

If you have been charged with misbranding a controlled substance, you are up against Pennsylvania’s tough and inflexible mandatory minimum sentencing laws.

Penalties for misbranding a controlled substance range from a misdemeanor, with prison for up to one year and fines up to $5,000, to a felony with up to 15 years in prison and a fine up to $250,000.

The full extent of your punishment is weighted on factors that include the part of the law you violated, the type of drug involved, the amount of the drug and your prior convictions.

What To Do If You Have Been Charged

If you are caught with mislabeled drugs in your possession, it is important that you do not make any statements to the arresting officer about the drugs.

As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.

How A Lawyer Will Help

When you are up against a misbranding charge, you will be facing inflexible laws and a determined prosecutor. You will need an attorney who can help you determine all of your options and achieve the best outcome for your circumstances.

Misbranding Law

Misbranding charges are described and defined under The Pennsylvania Code under Title 35 Chapter 6. Read the code here.

Questions? Contact us today.

If at all possible, Fienman Defense will try to get the charges against you dismissed. Based on the evidence and the constraints of mandatory sentencing, we will work hard to get your penalties lowered. And if your case goes to court, Fienman Defense will fight to win an acquittal.