§ 20-1-51 — When Cosmetics Deemed Adulterated

(a) A cosmetic shall be deemed adulterated:
(1) 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 and usual;
(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance;
(3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;
(4) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or
(5) 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 promulgated under the federal Food, Drug and Cosmetic Act.
(b) The provisions of subdivision (1) of subsection (a) of this section shall not apply to coal-tar hair dye if the label thereof bears the following legend conspicuously displayed thereon: “Caution!! This product contains ingredients which may cause skin irritation on certain individuals. A preliminary test according to the accompanying directions should be made before using it. This product must not be used for dyeing the eyelashes or eyebrows - to do so may cause blindness.” And the labeling of any such article must contain adequate directions for preliminary testing.
(c) As used in subdivisions (1) and (5) of subsection (a) of this section, the term “hair dye” does not include eyelash or eyebrow dyes.

Legislative History

(Acts 1947, No. 134, p. 42, §3.)