§ 362. — Misbranded cosmetics.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC362]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER VI--COSMETICS
Sec. 362. Misbranded cosmetics
A cosmetic shall be deemed to be misbranded--
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, or distributor;
and (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.
(d) If its container is so made, formed, or filled as to be
misleading.
(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).
(f) If its packaging or labeling is in violation of an applicable
regulation issued pursuant to section 1472 or 1473 of title 15.
(June 25, 1938, ch. 675, Sec. 602, 52 Stat. 1054; Pub. L. 86-618, title
I, Sec. 102(c)(2), July 12, 1960, 74 Stat. 398; Pub. L. 91-601,
Sec. 6(f), formerly Sec. 7(f), Dec. 30, 1970, 84 Stat. 1673, renumbered
Pub. L. 97-35, title XII, Sec. 1205(c), Aug. 13, 1981, 95 Stat. 716;
Pub. L. 102-571, title I, Sec. 107(12), Oct. 29, 1992, 106 Stat. 4499.)
Amendments
1992--Par. (e). Pub. L. 102-571 substituted ``379e'' for ``376''.
1970--Par. (f). Pub. L. 91-601 added par. (f).
1960--Par. (e). Pub. L. 86-618 added par. (e).
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-601 effective 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 of Pub. 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. 86-618 effective July 12, 1960, subject to the
provisions of section 203 of Pub. L. 86-618, see section 202 of Pub. 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 note set out under section
41 of this title.
Section Referred to in Other Sections
This section is referred to in section 321 of this title.
