A cosmetic must 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, or distributor; and

b.    An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under this subdivision reasonable variations must be permitted, and exemptions as to small packages must be established by regulations prescribed by the department.

3.    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.

4.    If its container is so made, formed, or filled as to be misleading.

5.    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 subsection does 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 subsection 1 of section 19-02.1-17.

6.    If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.