2006 New York Code - Adulterated And Misbranded Cosmetics.



 
    § 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.

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