§328-19  Cosmetics deemed misbranded when. 
A cosmetic shall be deemed to be misbranded:



(1)  If its labeling is false or misleading in any
particular, or if its labeling or packaging fails to conform with the
requirements of section 328-19.1 of this part;



(2)  If in package form, unless it bears a label
containing (A) the name and place of business of the manufacturer, packer, or
distributor; and (B) an accurate statement of the quantity of the contents in
terms of weight, measure, or numerical count, which statement shall be
separately and accurately stated in a uniform location upon the principal
display panel of the label; provided that under clause (B) of this paragraph
reasonable variations shall be permitted, and exemptions as to small packages
shall be established by regulations prescribed by the director;



(3)  If any word, statement, or other information
required by or under authority of this part 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;



(4)  If its container is so made, formed or filled as
to be misleading;



(5)  If it is a color additive, unless its packaging
and labeling are in conformity with such packaging and labeling requirements
applicable to the color additive prescribed under the Federal Act.  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 328-18(1));



(6)  Unless it is a cosmetic which is, in accordance
with the practice of the trade, to be processed, labelled or repacked in
substantial quantities at an establishment other than the establishment where
it was originally processed or packed.  Such cosmetic is exempted from the
affirmative labeling requirements of this part while it is in transit in
commerce from the one establishment to the other, if such transit is made in
good faith for such completion purposes only; but it is otherwise subject to
all applicable provisions of this part. [L 1941, c 318, §14; RL 1945, §2218; RL
1955, §51-18; am L 1967, c 152, §13; HRS §328-19; am L 1972, c 151, §11]



 



Case Notes



 



  See 315 U.S. 257; 11 F.2d 399.