54.1-3465 - Misbranded cosmetics.
§ 54.1-3465. Misbranded cosmetics.
A cosmetic shall be deemed to be misbranded:
1. If its labeling is false or misleading in any particular;
2. If in package form unless it bears a label containing the name and placeof business of the manufacturer, packer, or distributor and an accuratestatement of the quantity of the contents in terms of weight, measure, ornumerical count. However, reasonable variations shall be permitted, andexemptions for small packages shall be established by the Board;
3. If any word, statement, or other information required by or underauthority of this chapter to appear on the label or labeling is notprominently placed thereon with such conspicuousness, as compared with otherwords, statements, designs, or devices, in the labeling, and in such terms asto render it likely to be read and understood by the ordinary individualunder customary conditions of purchase and use;
4. If its container is so made, formed or filled as to be misleading;
5. If it is a color additive, unless its packaging and labeling are inconformity with packaging and labeling requirements applicable to such coloradditive under the provisions of the federal act. This subdivision shall notapply to packages of color additives which, with respect to their use forcosmetics, are marketed and intended for use only in or on hair dyes.
A cosmetic which is, in accordance with the practice of the trade, to beprocessed, labeled or repacked in substantial quantities at an establishmentother than the establishment where it was originally processed or packed, isexempted from the affirmative labeling requirements of this chapter while itis in transit in commerce from the one establishment to the other, if suchtransit is made in good faith for such completion purposes only; but it isotherwise subject to all applicable provisions of this chapter.
(Code 1950, § 54-466; 1970, c. 650, § 54-524.97; 1988, c. 765.)