A cosmetic shall be deemed to be adulterated:
(a) If it bears or contains any poisonous or deleterious substance which may render it injurious under the conditions for its application prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual; Provided, That this rule shall not apply to hair dye manufactured with coal-tar coloring, but on condition that the label bears the following legend conspicuously displayed thereon: “Caution—This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows because to do so may cause blindness.”, and that the labeling bears adequate directions for such preliminary testing. For the purposes of this subsection and subsection (e) of this section the term “hair dye” shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been produced, prepared, packed, or held under unsanitary conditions whereby it has become contaminated with filth, or whereby it may have become injurious to health.
(d) If its container is composed, in whole or in part of any poisonous or deleterious substance which may change the contents into matter injurious to health.
(e) If it is not a hair dye and it bears or contains a coal-tar color not part of a batch certified by the United States Department of Agriculture.
History —Apr. 26, 1940, No. 72, p. 492, § 17, eff. 90 days after Apr. 26, 1940.