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

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

(2)  If in package form, unless it bears a labelcontaining (A) the name and place of business of the manufacturer, packer, ordistributor; and (B) an accurate statement of the quantity of the contents interms of weight, measure, or numerical count, which statement shall beseparately and accurately stated in a uniform location upon the principaldisplay panel of the label; provided that under clause (B) of this paragraphreasonable variations shall be permitted, and exemptions as to small packagesshall be established by regulations prescribed by the director;

(3)  If any word, statement, or other informationrequired by or under authority of this part to appear on the label or labelingis not prominently placed thereon with such conspicuousness (as compared withother words, statements, designs, or devices, in the labeling) and in suchterms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use;

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

(5)  If it is a color additive, unless its packagingand labeling are in conformity with such packaging and labeling requirementsapplicable to the color additive prescribed under the Federal Act.  Thisparagraph shall not apply to packages of color additives which, with respect totheir use for cosmetics, are marketed and intended for use only in or on hairdyes (as defined in the last sentence of section 328-18(1));

(6)  Unless it is a cosmetic which is, in accordancewith the practice of the trade, to be processed, labelled or repacked insubstantial quantities at an establishment other than the establishment whereit was originally processed or packed.  Such cosmetic is exempted from theaffirmative labeling requirements of this part while it is in transit incommerce from the one establishment to the other, if such transit is made ingood faith for such completion purposes only; but it is otherwise subject toall applicable provisions of this part. [L 1941, c 318, §14; RL 1945, §2218; RL1955, §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.