Section 6818. Adulterated and misbranded cosmetics  


Latest version.
  • 1. A cosmetic shall be
      deemed to be adulterated:
        a. If it bears or contains  any  poisonous  or  deleterious  substance
      which  may  render  it  injurious  to  users under the conditions of use
      prescribed in the labeling thereof, or under such conditions of  use  as
      are customary or usual: Provided, that this provision shall not apply to
      coal-tar  hair  dye,  the  label  of  which  bears  the following legend
      conspicuously  displayed   thereon   "Caution--this   product   contains
      ingredients which may cause skin irritation on certain individuals and a
      preliminary  test  according  to accompanying directions should first be
      made. This product must not be used for dying the eyelashes or eyebrows;
      to do so may cause blindness", and the labeling of which bears  adequate
      directions  for  such  preliminary  testing.  For  the  purposes of this
      paragraph and paragraph e the term "hair dye" shall not include  eyelash
      dyes or eyebrow dyes.
        b.  If  it  consists  in  whole  or  in part of any filthy, putrid, or
      decomposed substance.
        c. If it has been prepared, packaged, packed, shipped or held  in  any
      insanitary  condition or in any other condition whereby it may have been
      rendered injurious to health.
        d. If its container is composed, in whole or in part, of any poisonous
      or deleterious substance which may  render  the  contents  injurious  to
      health.
        e.  If  it is not a hair dye and it bears or contains a coal-tar color
      other than one from a batch that has been certified in  accordance  with
      regulations as provided by this article.
        2. A cosmetic shall be deemed to be misbranded:
        a. If its labeling is false or misleading in any particular.
        b. If in package form, unless it bears a label containing (1) the name
      and  place  of business of the manufacturer, packer, or distributor; and
      (2) an accurate statement of the quantity of the contents  in  terms  of
      weight,  measure, or numerical count: Provided, that under clause (2) of
      this paragraph reasonable variations shall be permitted, and  exemptions
      as to small packages shall be established by regulations.
        c.  If  any word, statement, or other information required by or under
      authority of this article to appear on the  label  or  labeling  is  not
      prominently  placed  thereon 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.
        d. (1) If its container is  so  made,  formed,  or  filled  as  to  be
      misleading;  or  (2)  if  it  bears  a  copy,  counterfeit, or colorable
      imitation of a trademark,  label,  or  identifying  name  or  design  of
      another cosmetic.