§ 4066 — Adulterated cosmetic

A cosmetic shall be deemed to be adulterated:
(1) If 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 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 dyeing the eyelashes or eyebrows, to do so may cause blindness,” and the labeling of which bears adequate directions for the preliminary testing. For the purpose of this subdivision and subdivision (5) of this section, the term “hair dye” shall not include eyelash dyes or eyebrow dyes.
(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(3) If it has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth, or in which it may have been rendered injurious to health.
(4) If its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(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 under authority of the federal act.

Legislative History

(Added 1959, No. 172, § 17, eff. May 12, 1959; amended 2023, No. 6, § 145, eff. July 1, 2023.)