Okla. Stat. tit. 63, § 63-1-1401

For the purposes of this article:

A. The term "drug" means:

1. Articles recognized in the official United States

Pharmacopoeia, official Homeopathic Pharmacopoeia of the United

States, or official National Formulary, or any supplement to any of

them;

2. Articles intended for use in the diagnosis, cure,

mitigation, treatment or prevention of disease in man or other

animals;

3. Articles, other than food, intended to affect the structure

or any function of the body of man or other animals; and

4. Articles intended for use as a component of any article

specified in paragraphs 1, 2 and 3 of this subsection; but does not

include devices or their components, parts or accessories.

B. The term "device", except when used in subsection K of this

section and in subsection (i) of Section 1-1402, subsection (c) of

Section 1-1409, and subsection (c) of Section 1-1411 of this title,

means instruments, apparatus and contrivances, including their

components, parts and accessories, intended:

1. For use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in man or other animals; or

2. To affect the structure or any function of the body of man

or other animals.

C. The term "cosmetic" means:

1. Articles intended to be rubbed, poured, sprinkled or sprayed

on, introduced into, or otherwise applied to the human body or any

part thereof for cleansing, beautifying, promoting attractiveness or

altering the appearance; and

2. Articles intended for use as a component of any such

articles, except that such term shall not include soap.

D. The term "official compendium" means authoritative compendia

as identified by the Secretary of the United States Department of

Health and Human Services.

E. The term "label" means a display of written, printed or

graphic matter upon the immediate container of any article; and a

requirement made by or under authority of this article that any

word, statement, or other information appear on the label shall not

be considered to be complied with unless such work, statement, or

other information also appears on the outside container or wrapper,

if any there be, of the retail package of such article, or is easily

legible through the outside container or wrapper.

F. The term "immediate container" does not include package

liners.

G. The term "labeling" means all labels and other written,

printed or graphic matter:

Oklahoma Statutes - Title 63. Public Health and Safety Page 607

1. Upon an article or any of its containers or wrappers; or

2. Accompanying such article.

H. If an article is alleged to be misbranded because the

labeling is misleading, or if an advertisement is alleged to be

false because it is misleading, then, in determining whether the

labeling or advertisement is misleading, there shall be taken into

account (among other things) not only representations made or

suggested by statement, word, design, device, sound, or in any

combination thereof, but also the extent to which the labeling or

advertisement fails to reveal facts material in the light of such

representations or material with respect to consequences which may

result from the use of the article to which the labeling or

advertisement relates under the conditions of use prescribed in the

labeling or advertisement thereof or under such conditions of use as

are customary or usual.

I. The term "advertisement" means all representations

disseminated in any manner or by any means, other than labeling, for

the purpose of inducing, or which are likely to induce, directly or

indirectly, the purchase of drugs, devices, or cosmetics.

J. The representation of a drug, in its labeling or

advertisement, as an antiseptic shall be considered to be a

representation that it is a germicide, except in the case of a drug

purporting to be, or represented as, an antiseptic for inhibitory

use as a wet dressing, ointment, dusting powder, or such other use

as involves prolonged contact with the body.
ase of drugs, devices, or cosmetics.

J. The representation of a drug, in its labeling or

advertisement, as an antiseptic shall be considered to be a

representation that it is a germicide, except in the case of a drug

purporting to be, or represented as, an antiseptic for inhibitory

use as a wet dressing, ointment, dusting powder, or such other use

as involves prolonged contact with the body.

K. The term "contaminated with filth" applies to any drug,

device, or cosmetic not securely protected from dust, dirt, and, as

far as may be necessary by all reasonable means, from all foreign or

injurious contaminations.

L. The provisions of this article regarding the selling of

drugs, devices, or cosmetics shall be considered to include the

manufacture, production, processing, packing, exposure, offer,

possession, and holding of any such article for sale; and the sale,

dispensing, and giving of any such article, and the supplying or

applying of any such article in the conduct of any drug or cosmetic

manufacturing establishment.

M. The term "Federal Act" means the Federal Food, Drug, and

Cosmetic Act, as amended.