A cosmetic shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing:
(1) The name and place of business of the manufacturer, packer, or distributor, and
(2) an accurate statement of the quantity of the contents in terms of weight, measure, or individual units of weight or measure contained in the complete package; Provided, That under clause (2) of this subsection reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the Secretary.
(c) If the word, statements, or other information required by this chapter do not appear on the label and these are not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms not likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) If its container is so made, formed, or filled as to be misleading.
History —Apr. 26, 1940, No. 72, p. 492, § 18, eff. 90 days after Apr. 26, 1940.