§328-18  Cosmetics deemed adulterated when. A cosmetic shall be deemed to be adulterated:

(1)  If it bears or contains any poisonous ordeleterious substance which may render it injurious to users under theconditions of use prescribed in the labeling or advertisement thereof, or undersuch conditions of use as are customary or usual; provided that this provisionshall not apply to coal-tar hair dye, the label of which bears the followinglegend conspicuously displayed thereon:  "Caution--This product containsingredients which may cause skin irritation on certain individuals and apreliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do somay cause blindness", and the labeling of which bears adequate directionsfor such preliminary testing.  For the purposes of this paragraph and paragraph(5) the term "hair dye" shall not include eyelash dyes or eyebrowdyes;

(2)  If it consists in whole or in part of any filthy,putrid, or decomposed substance;

(3)  If it has been produced, prepared, packed, orheld under insanitary conditions whereby it may have become contaminated withfilth, or whereby it may have been rendered injurious to health;

(4)  If its container is composed, in whole or inpart, of any poisonous or deleterious substance which may render the contentsinjurious to health;

(5)  If it is not a hair dye and it is or bears orcontains a color additive which is unsafe within the meaning of the FederalAct. [L 1941, c 318, §13; RL 1945, §2217; RL 1955, §51-17; am L 1967, c 152,§12; HRS §328-18]