A cosmetic shall be deemed to be adulterated -
(a) 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 purpose of this paragraph and paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) 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.
(d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) If it is not a hair dye and it is, or it bears or contains a color additive which is unsafe within the meaning of the Federal act or Section 39-25-130(a).
HISTORY: 1962 Code Section 32-1526.13; 1972 (57) 2687.
Structure South Carolina Code of Laws
Chapter 25 - Adulterated Or Misbranded Food And Cosmetics
Section 39-25-10. Short title.
Section 39-25-20. Definitions.
Section 39-25-30. Prohibited acts.
Section 39-25-35. Exception to prohibited acts.
Section 39-25-40. Injunctions.
Section 39-25-50. Penalties; exceptions and liabilities.
Section 39-25-70. Duty of solicitors and Attorney General; notice of criminal proceedings.
Section 39-25-80. Minor violations of chapter.
Section 39-25-90. Definitions and standards adopted under Federal act.
Section 39-25-100. Food deemed adulterated.
Section 39-25-110. Food deemed misbranded.
Section 39-25-130. Unsafe additives; authority of Commissioner to prescribe tolerances.
Section 39-25-140. Cosmetic deemed adulterated.
Section 39-25-150. Cosmetic deemed misbranded.
Section 39-25-160. Labeling and packaging of consumer commodities.
Section 39-25-170. Advertisement deemed false.
Section 39-25-180. Promulgation of regulations; hearings; adoption of Federal regulations.
Section 39-25-200. Publication of judgments and orders and other information.