The charge is a misdemeanor under the law. However, jail time is extremely unlikely.
Here is the statute under the Va. Food Act:
§ 3.1-390. (Repealed effective October 1, 2008) Penalties; exceptions as to certain persons
(a) Any person who violates any of the provisions of § 3.1-388 shall be guilty of a misdemeanor and shall on conviction thereof be punished in the manner provided by law for the punishment of misdemeanors. Provided, however, that no wholesale or retail merchant who purchases food or drink in a closed container from a reputable manufacturer shall be found guilty under this section unless such person knowingly violated the provisions of § 3.1-388.
(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated subsections (a) or (c) of § 3.1-388 if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing, or having a place of business, or an agent or representative on whom process may be served, in the Commonwealth, from or through whom he received in good faith any food, to the effect that such food is not adulterated or misbranded within the meaning of this article, designating this article.
(c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the Commissioner to furnish the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency, residing in the State who caused him to disseminate such advertisement.
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