§ 53-1-111 — Cosmetics deemed adulterated

A cosmetic shall be deemed to be adulterated if: (1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual; provided, that this subdivision (1) shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed on the label: "Caution - This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction to the preliminary testing. For the purpose of this subdivision (1), hair dye does not include eyelash dye or eyebrow dyes; (2) It consists, in whole or in part, of any filthy, putrid or decomposed substance; (3) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (4) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or (5) 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 under the federal act.

Legislative History

Acts 1941, ch. 120, § 18; C. Supp. 1950, § 6580.18; T.C.A. (orig. ed.), § 52-118.