[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC361]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER VI--COSMETICS
Sec. 361. Adulterated cosmetics
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, except 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 eyelashes 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
decomposed substance.
(c) If it has been prepared, packed, or held under insanitary
conditions 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
poisonous or deleterious substance which may render the contents
injurious to health.
(e) If it is not a hair dye and it is, or it bears or contains, a
color additive which is unsafe within the meaning of section 379e(a) of
this title.
(June 25, 1938, ch. 675, Sec. 601, 52 Stat. 1054; Pub. L. 86-618, title
I, Sec. 102(c)(1), July 12, 1960, 74 Stat. 398; Pub. L. 102-571, title
I, Sec. 107(11), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 103-80,
Sec. 3(x), Aug. 13, 1993, 107 Stat. 778.)
Amendments
1993--Subsec. (a). Pub. L. 103-80 substituted ``usual, except that
this'' for ``usual: Provided, That this''.
1992--Par. (e). Pub. L. 102-571 substituted ``379e(a)''
