§ 106-137. Cosmetics deemed misbranded. - North Carolina Statutes

§ 106‑137. Cosmetics deemed misbranded.

A cosmetic shall be deemed to be misbranded:

(1)        a.         If its labeling is false ormisleading in any particular; or

b.         If its labeling or packaging fails to conform with therequirements of G.S. 106‑139 and 106‑139.1 of this Article.

(2)        If in package form unless it bears a label containing

a.         The name and place of business of the manufacturer, packer,or distributor; and

b.         An accurate statement of the quantity, of the contents in terms of weight, measure, or numerical count, which statement shall beseparately and accurately stated in a uniform location upon the principaldisplay panel of the label: Provided, that under paragraph b of thissubdivision reasonable variations shall be permitted, and exemptions as to smallpackages shall be established by regulations prescribed by the Board ofAgriculture.

(3)        If any word, statement, or other information required by  orunder authority of this Article to appear on the label or labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in the labeling) and in such terms asto render it likely to be read and understood by the ordinary individual undercustomary conditions of purchase and use.

(4)        If its container is so made, formed, or filled as to bemisleading.

(5)        If it is a color additive, unless its packaging andlabeling  are in conformity with such packaging and labeling requirementsapplicable to such color additive prescribed under the provisions of G.S. 106‑132of this Article. This subdivision shall not apply to packages of coloradditives which, with respect to their use for cosmetics, are marketed  andintended for use only in or on hair dyes (as defined in the last sentence ofG.S. 106‑136(1)). (1939, c. 320, s. 18; 1975, c. 614, ss. 33‑35.)