196.115. When a cosmetic deemed misbranded. - Missouri Statutes

When a cosmetic deemed misbranded.

196.115. 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:

(a) The name and place of business of the manufacturer, packer, ordistributor; and

(b) An accurate statement of the quantity of the contents in terms ofweight, measure, or numerical count; provided, that under (b) of thissubdivision reasonable variations shall be permitted, and exemptions as tosmall packages shall be established by regulations prescribed by thedepartment of health and senior services;

(3) If any word, statement, or other information required by or underauthority of sections 196.010 to 196.120 to appear on the label or labeling isnot prominently placed thereon with such conspicuousness, as compared withother words, statements, designs, or devices, in the labeling, and in suchterms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use;

(4) If its container is so made, formed, or filled as to be misleading;

(5) The department is hereby directed to promulgate regulationsexempting from any labeling requirement of sections 196.010 to 196.120cosmetics which are, in accordance with the practice of the trade, to beprocessed, labeled, or repacked in substantial quantities at establishmentsother than those where originally processed or packed, on condition that suchcosmetics are not adulterated or misbranded under the provisions of saidsections upon removal from such processing, labeling or repackagingestablishment.

(L. 1943 p. 559 § 9873)