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.
Last modified: February 3, 2019