N.J. Admin. Code § 8:21-3.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:21-3.2 - Rulings on dangerous cosmetics

(a) The toxic effect of paraphenylenediamine is well known. A number of persons have suffered severe injury, and in some cases blindness has resulted from the application of this dye to the eyelashes and eyebrows. There is no doubt that preparations containing this dye are in violation of the Food, Drug and Cosmetic Act. The Department of Health of the State of New Jersey has obtained very definite evidence of injury from this dye. Based upon a serious consideration of the injurious effects of paraphenylenediamine, eyelash and eyebrow dyes containing paraphenylenediamine in any amount will be considered adulterated under 24:5-11.1(a) and appropriate action taken. It has also been noted that substances such as oils, argyrol, magnesium carbonate, paper shields, and the like are customarily included in packages of eyelash and eyebrow dye preparations to be used to prevent the introduction of the dye into the eyes. It is the opinion of the Department that the use of these precautionary measures cannot guarantee protection of the eyes against such dangerous product as paraphenylenediamine. This notice should not be interpreted as indicating that other dyes used for eyelash and eyebrow dyeing are to be accepted as meeting the requirements of 24:5-11.1(a).

(b) The toxic effect of paratoluylenediamine is well known. There is no doubt that preparations containing this dye are in violation of the Food, Drug, and Cosmetic Act. Based upon a serious consideration of the injurious effects of paratoluylenediamine, eyelash and eyebrow dyes containing paratoluylenediamine in any amount will be considered adulterated pursuant to N.J.S.A. 24:5-11.1(a) and appropriate action taken. It has also been noted that substances such as oils, argyrol, magnesium carbonate, paper shields, and the like are customarily included in packages of eyelash and eyebrow dye preparations to be used to prevent the introduction of the dye into the eyes. It is the opinion of the Department of Health that the use of these precautionary measures cannot guarantee protection of the eyes against such dangerous product as paratoluylenediamine. This notice should not be interpreted as indicating that other dyes used for eyelash and eyebrow dyeing are to be accepted as meeting the requirements at N.J.S.A. 24:5-11.1(a).

Recodified from N.J.A.C. 8:21-3.12 by R.2000 d.427, effective 10/16/2000.
See: 32 New Jersey Register 2386(a), 32 New Jersey Register 3831(a).
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).