§ 106-136. Cosmetics deemed adulterated.
§ 106‑136. Cosmetics deemed adulterated.
A cosmetic shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterioussubstance which may render it injurious to users under the conditions of useprescribed in the labeling or advertisement thereof, or under such conditionsof use as are customary or usual: Provided, that this provision shall not applyto coal‑tar hair dye, the label of which bears the following legendconspicuously displayed thereon: "Caution This product containsingredients which may cause skin irritation on certain individuals and apreliminary test according to accompanying directions should first be made.This product must not be used for dyeing the eyelashes or eyebrows; to do somay cause blindness," and the labeling of which bears adequate directionsfor such preliminary testing. For the purposes of this subdivision andsubdivision (5) the term "hair dye" shall not include eyelash dyes oreyebrow dyes.
(2) If it consists in whole or in part of any filthy, putrid,or decomposed substance.
(3) If it has been produced, prepared, packed, or held underinsanitary conditions whereby it may have become contaminated with filth, orwhereby it may have been rendered injurious to health.
(4) If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injurious tohealth.
(5) If it is not a hair dye and it is, or it bears or contains acolor additive which is unsafe within the meaning of G.S. 106‑ 132. (1939, c. 320, s. 17; 1975, c. 614, s. 32.)