196.110. 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 theconditions of use prescribed in the labeling or advertisementthereof, or under such conditions of use as are customary orusual; provided, that this provision shall not apply to coal tarhair dye, the label of which bears the following legendconspicuously displayed thereon:
"Caution--This product contains ingredients which may causeskin irritation on certain individuals and a preliminary testaccording to accompanying directions should first be made. Thisproduct must not be used for dyeing the eyelashes or eyebrows; todo so may cause blindness."and the labeling of which bears adequate directions for suchpreliminary testing. For the purposes of this subdivision andsubdivision (5), the term "hair dye" shall not include eyelashdyes or eyebrow 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 contaminatedwith filth, or whereby it may have been rendered injurious tohealth;
(4) If its container is composed, in whole or in part, ofany poisonous or deleterious substance which may render thecontents injurious to health;
(5) If it is not a hair dye and it bears or contains a coaltar color other than one from a batch which has been certifiedunder authority of the federal act.
(L. 1943 p. 559 ยง 9872)