A cosmetic shall be deemed to be misbranded if:

(1) Its labeling is false or misleading in any particular;

Terms Used In Tennessee Code 53-1-112

  • Commissioner: means the commissioner of agriculture. 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
  • 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) 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 (2)(B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner;
(3) 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 on the label or labeling 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; or
(4) Its container is so made, formed or filled as to be misleading.
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