Sec. 450.400 Labeling and Distribution of OTC Drugs in Vending Machines (CPG 7132b.06)
POLICY:
There is no provision under the Federal Food, Drug, and Cosmetic Act which prohibits
the sale of over-the-counter drug <> preparations in vending machines or in places
other than drug stores. However, the article so vended must be in a full compliance with
all the applicable sections of the Act.
The Act requires that certain mandatory labeling information must appear prominently,
with such conspicuousness (as compared with other words, statements, designs or devices in
the labeling) and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use. This means that the
prospective purchaser must have an opportunity to read and take such information into
consideration in reaching a decision whether or not to make the purchase. The vending
machine should therefore bear a complete copy of the required labeling for the article
being offered for sale or the article should be displayed in such a manner that the
mandatory labeling can be viewed by the prospective purchaser.
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Issued: 10/1/80
Revised: 5/22/87