126.15 - COSMETICS -- MISBRANDING.
126.15 COSMETICS -- MISBRANDING.
1. A cosmetic is misbranded if any of the following apply:
a. Its labeling is false or misleading in any particular.
b. If in package form unless it bears a label containing both
of the following:
(1) The name and place of business of the manufacturer, packer,
or distributor.
(2) 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.
c. A word, statement, or other information required by or
under the authority of this chapter to appear on the label or
labeling is not prominently placed there 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. Its container is so made, formed, or filled as to be
misleading.
e. It is a color additive, unless its packaging and labeling
are in conformity with the packaging and labeling requirements
applicable to that color additive prescribed under section 706 of the
federal Act. This paragraph does not apply to packages of color
additives which, with respect to their use of cosmetics, are marketed
and intended for use only in or on hair dyes, as specified in section
126.14, subsection 1.
f. Its packaging or labeling is in violation of an applicable
regulation adopted pursuant to section 3 or 4 of the federal Poison
Prevention Packaging Act of 1970, 15 U.S.C. § 1471 et seq.
2. The board shall adopt rules exempting from any labeling
requirement of this chapter, cosmetics which are in accordance with
the practice of the trade, to be processed, labeled, or repacked in
substantial quantities at an establishment other than the
establishment where they are originally processed or packed, on
condition that such cosmetics are not adulterated or misbranded upon
removal from the processing, labeling, or repacking establishment.
Cosmetic labeling exemptions adopted under the federal Act apply to
cosmetics in this state except as modified or rejected by rules
adopted by the board. Section History: Recent Form
89 Acts, ch 197, § 14
CS89, § 203B.15
C93, § 126.15
2009 Acts, ch 41, §263