A cosmetic shall be deemed to be adulterated in the following cases:
I. If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual: provided, that this provision shall not apply to coal-tar hair dye, the label of which 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; to do so may cause blindness,” and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph V the term “hair dye” shall not include eyelash dyes or eyebrow dyes.

Terms Used In New Hampshire Revised Statutes 146:7

  • advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics. See New Hampshire Revised Statutes 146:2
  • color: includes black, white and intermediate grays. See New Hampshire Revised Statutes 146:2
  • cosmetic: means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. See New Hampshire Revised Statutes 146:2
  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • label: means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. See New Hampshire Revised Statutes 146:2
  • labeling: means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. See New Hampshire Revised Statutes 146:2

II. If it consists in whole or in part of any filthy, putrid, or decomposed substance.
III. If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
IV. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
V. If it is not a hair dye or it is, or it bears or contains, a color additive which is unsafe within the meaning of N.H. Rev. Stat. § 146:21.