§ 6818 — Adulterated and misbranded cosmetics

§ 6818. Adulterated and misbranded cosmetics. 1. A cosmetic shall be\ndeemed to be adulterated:\n a. If it bears or contains any poisonous or deleterious substance\nwhich may render it injurious to users under the conditions of use\nprescribed in the labeling thereof, or under such conditions of use as\nare customary or usual: Provided, that this provision shall not apply to\ncoal-tar hair dye, the label of which bears the following legend\nconspicuously displayed thereon "Caution--this product contains\ningredients which may cause skin irritation on certain individuals and a\npreliminary test according to accompanying directions should first be\nmade. This product must not be used for dying the eyelashes or eyebrows;\nto do so may cause blindness", and the labeling of which bears adequate\ndirections for such preliminary testing. For the purposes of this\nparagraph and paragraph e the term "hair dye" shall not include eyelash\ndyes or eyebrow dyes.\n b. If it consists in whole or in part of any filthy, putrid, or\ndecomposed substance.\n c. If it has been prepared, packaged, packed, shipped or held in any\ninsanitary condition or in any other condition whereby it may have been\nrendered injurious to health.\n d. If its container is composed, in whole or in part, of any poisonous\nor deleterious substance which may render the contents injurious to\nhealth.\n e. If it is not a hair dye and it bears or contains a coal-tar color\nother than one from a batch that has been certified in accordance with\nregulations as provided by this article.\n 2. A cosmetic shall be deemed to be misbranded:\n a. If its labeling is false or misleading in any particular.\n b. If in package form, unless it bears a label containing (1) the name\nand place of business of the manufacturer, packer, or distributor; and\n(2) an accurate statement of the quantity of the contents in terms of\nweight, measure, or numerical count: Provided, that under clause (2) of\nthis paragraph reasonable variations shall be permitted, and exemptions\nas to small packages shall be established by regulations.\n c. If any word, statement, or other information required by or under\nauthority of this article to appear on the label or labeling is not\nprominently placed thereon with such conspicuousness (as compared with\nother words, statements, designs, or devices in the labeling) and in\nsuch terms as to render it likely to be read and understood by the\nordinary individual under customary conditions of purchase and use.\n d. (1) If its container is so made, formed, or filled as to be\nmisleading; or (2) if it bears a copy, counterfeit, or colorable\nimitation of a trademark, label, or identifying name or design of\nanother cosmetic.\n