A cosmetic shall be deemed to be adulterated if:

(1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual; provided, that this subdivision (1) shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed on the label: “Caution – This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying direction 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 direction to the preliminary testing. For the purpose of this subdivision (1), hair dye does not include eyelash dye or eyebrow dyes;

Terms Used In Tennessee Code 53-1-111

  • Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce directly or indirectly, the purchase of food, drug, devices or cosmetics. See Tennessee Code 53-1-102
  • Color: includes black, white and intermediate grays. See Tennessee Code 53-1-102
  • Cosmetic: means :
    (A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. See Tennessee Code 53-1-102
  • Federal act: means the federal Food, Drug and Cosmetic Act (21 U. See Tennessee Code 53-1-102
  • Label: means a display of written, printed, or graphic matters 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 appearing on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container. See Tennessee Code 53-1-102
  • Labeling: means all labels and other written, printed or graphic matter:
    (A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
(2) It consists, in whole or in part, of any filthy, putrid or decomposed substance;
(3) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(4) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
(5) It is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.
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