New Hampshire Revised Statutes 146:8 – Cosmetics Misbranded
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A cosmetic shall be deemed to be misbranded in the following cases:
I. If its label is false or misleading in any particular.
II. 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 numerical count: provided, that under clause (2) of this paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by rules adopted by the commissioner.
III. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
IV. If its container is so made, formed, or filled as to be misleading.
V. If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes, as defined in the last sentence of N.H. Rev. Stat. § 146:7, I.
I. If its label is false or misleading in any particular.
Terms Used In New Hampshire Revised Statutes 146:8
- color: includes black, white and intermediate grays. See New Hampshire Revised Statutes 146:2
- color additive: means a material which-(a) is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral or other source, and (b) when added or applied to a food, drug, or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which has been or hereafter is exempted under the federal act. See New Hampshire Revised Statutes 146:2
- commissioner: means the commissioner of the department of health and human services. 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
- federal act: means the Federal Food, Drug and Cosmetic Act (Title 21 U. 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 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 numerical count: provided, that under clause (2) of this paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by rules adopted by the commissioner.
III. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
IV. If its container is so made, formed, or filled as to be misleading.
V. If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes, as defined in the last sentence of N.H. Rev. Stat. § 146:7, I.