Sec. 85. "Counterfeit drug", for purposes of IC 16-42-1 through IC 16-42-4, means a drug:
(1) that, without authorization:
(A) bears;
(B) is labeled with; or
(C) is in a container that bears;
the trademark, trade name, or other identifying mark, imprint, or device, or any likeness of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug; and
(2) that falsely purports or is represented:
(A) to be the product of; or
(B) to have been packed or distributed by;
the other drug manufacturer, processor, packer, or distributor.
[Pre-1993 Recodification Citation: 16-1-28-3(q).]
As added by P.L.2-1993, SEC.1.
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