Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6818
Adulterated and misbranded cosmetics
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 6818. Adulterated and misbranded cosmetics. 1. A cosmetic shall be
deemed to be adulterated:

a. 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 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 dying the eyelashes or eyebrows;
to do so may cause blindness", and the labeling of which bears adequate
directions for such preliminary testing. For the purposes of this
paragraph and paragraph e the term "hair dye" shall not include eyelash
dyes or eyebrow dyes.

b. If it consists in whole or in part of any filthy, putrid, or
decomposed substance.

c. If it has been prepared, packaged, packed, shipped or held in any
insanitary condition or in any other condition whereby it may have been
rendered injurious to health.

d. If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health.

e. 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 as provided by this article.

2. A cosmetic shall be deemed to be misbranded:

a. If its labeling is false or misleading in any particular.

b. If in package form, unless it bears a label containing (1) the name
and place of business of the manufacturer, packer, or distributor; and
(2) an accurate statement of the quantity of the contents in terms of
weight, measure, or numerical count: Provided, that under clause (2) of
this paragraph reasonable variations shall be permitted, and exemptions
as to small packages shall be established by regulations.

c. If any word, statement, or other information required by or under
authority of this article to appear on the label or labeling is not
prominently placed thereon 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.

d. (1) If its container is so made, formed, or filled as to be
misleading; or (2) if it bears a copy, counterfeit, or colorable
imitation of a trademark, label, or identifying name or design of
another cosmetic.