1054 Chapter VI-Cos- metics. Adulterated cosmet- ics defined. Proviso. Coal-tar hair dye bearing informative legend. Misbranded cosmet- ics defined. False, etc., labeling. Labels, information required. Proviso. Variations and ex- emptions. Prominence of in- formation required by Act. Containers. Regulations making exemptions. PUBLIC LAWS-CH. 675-JUNE 25, 1938 CHAPTER VI-COSMETICS ADULTERATED COSMETICS [52 STAT. SEC. 601. 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 dyeing the eye- lashes 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 decom- posed substance. (c) If it has been prepared, packed, or held under insanitary condi- tions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. (d) If its container is composed, in whole or in part, of any poison- ous 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 section 604. MISBRANDED COSMETICS SEC. 602. 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 dis- tributor; and (2) an accurate statement of the quantity of the con- tents 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 estab- lished, by regulations prescribed by the Secretary. (c) If any word, statement, or other information required by or under authority of this Act 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) If its container is so made, formed, or filled as to be mis- leading. REGULATIONS MAKING EXEMPTIONS SEC. 603 . The Secretary shall promulgate regulations exempting from any labeling requirement of this Act cosmetics which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such cosmetics are not adulterated or misbranded under the provisions of this Act upon removal from such processing, labeling, or repacking establishment.
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