21 U.S. Code § 362 - Misbranded cosmetics
A cosmetic shall be deemed to be misbranded—
(b) If in package form unless it bears a label containing
(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 prescribed by the Secretary.
(c) If any word, statement, or other information required by or under authority of this chapter 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.
(e) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements, applicable to such color additive, as may be contained in regulations issued under section 379e of this title. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in the last sentence of section 361 (a) of this title).
Source(June 25, 1938, ch. 675, § 602,52 Stat. 1054; Pub. L. 86–618, title I, § 102(c)(2),July 12, 1960, 74 Stat. 398; Pub. L. 91–601, § 6(f), formerly § 7(f),Dec. 30, 1970, 84 Stat. 1673, renumbered Pub. L. 97–35, title XII, § 1205(c),Aug. 13, 1981, 95 Stat. 716; Pub. L. 102–571, title I, § 107(12),Oct. 29, 1992, 106 Stat. 4499.)
1992—Par. (e). Pub. L. 102–571substituted “379e” for “376”.
1970—Par. (f). Pub. L. 91–601added par. (f).
1960—Par. (e). Pub. L. 86–618added par. (e).
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–601effective Dec. 30, 1970, and regulations establishing special packaging standards effective no sooner than 180 days or later than one year from date regulations are final, or an earlier date published in Federal Register, see section 8 ofPub. L. 91–601, set out as an Effective Date note under section 1471 of Title 15, Commerce and Trade.
Effective Date of 1960 Amendment
Amendment by Pub. L. 86–618effective July 12, 1960, subject to the provisions of section 203 ofPub. L. 86–618, see section 202 ofPub. L. 86–618, set out as a note under section 379e of this title.
Effective Date; Postponement
Par. (b) effective Jan. 1, 1940, and such subsection effective July 1, 1940, as provided by regulations for certain lithographed labeling and containers bearing certain labeling, see act June 23, 1939, ch. 242, 53 Stat. 853, set out as an Effective Date; Postponement in Certain Cases note under section 301 of this title.
Transfer of Functions
For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.