§ 53-1-112 — Cosmetics deemed misbranded

A cosmetic shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) In package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (2)(B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner; (3) Any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling 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; or (4) Its container is so made, formed or filled as to be misleading.

Legislative History

Acts 1941, ch. 120, § 19; C. Supp. 1950, § 6580.19; T.C.A. (orig. ed.), § 52-119.