§ 362. Misbranded cosmetics

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   Pub. L. 75–675 § 602 · 52 Stat. 1040

   Enacted · 21 U.S.C. § 362

   June 25, 1938, ch. 675, § 602, 52 Stat. 1054

   Source evidence

   Code source credit
   June 25, 1938, ch. 675, § 602, 52 Stat. 1054

   Enacted provision · exact public law section
   Sec. 602. misbranded cosmetics A cosmetic shall be deemed to be misbranded— (a) If its labeling is false or misleading in any particular. (b) 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, Proviso. Variations and exemptions. That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary. (c) If any word, statement, or other information required by or under authority of this Act 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. (d) If its container is so made, formed, or filled as to be misleading.

2. 1960

   Color Additive Amendments of 1960

   Pub. L. 86–618 title I § 102(c)(2) · 74 Stat. 397

   Added · 21 U.S.C. § 362(e)

   Pub. L. 86–618 added par. (e)

   Source evidence

   Code amendment note
   Par. (e). Pub. L. 86–618 added par. (e).

   Enacted provision · exact public law section
   (2) Section 602 of such Act (relating to the circumstances under which cosmetics shall be deemed to be misbranded) is amended by adding at the end thereof the following new paragraph: “(e) 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, as may be contained in regulations issued under section 706. 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 section 601(a)).”

3. 1970

   Poison Prevention Packaging Act of 1070

   Pub. L. 91–601 § 6(f) · 84 Stat. 1670

   Added · 21 U.S.C. § 362(f)

   Pub. L. 91–601 added par. (f)

   Source evidence

   Code amendment note
   Par. (f). Pub. L. 91–601 added par. (f).

   Enacted provision · exact public law section
   Sec. 6. (a) For the purpose of assisting in carrying out the purposes of this Act, the Secretary shall appoint a technical advisory committee, designating a member thereof to be chairman, composed of not more than eighteen members who are representative of (1) the Department of Health, Education, and Welfare, (2) the Department of Commerce, (3) manufacturers of household substances subject to this Act, (4) scientists with expertise related to this Act and licensed practitioners in the medical field, (5) consumers, and (6) manufacturers of packages and closures for household substances. The Secretary shall consult with the technical advisory committee in making findings and in establishing standards pursuant to this Act. (b) Members of the technical advisory committee who are not Compensation and travel expenses. regular full-time employees of the United States shall, while attending meetings of such committee, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including traveltime, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed 80 Stat. 499; 83 Stat. 190. intermittently.

4. 1992

   Prescription Drug User Fee Act of 1992

   Pub. L. 102–571 title I § 107(12) · 106 Stat. 4491

   Substituted · 21 U.S.C. § 362(e)

   Pub. L. 102–571 substituted “379e” for “376”

   Source evidence

   Code amendment note
   Par. (e). Pub. L. 102–571 substituted “379e” for “376”.

   Enacted provision · exact public law section
   (12) Section 602(e) (21 U.S.C. 362(e)) is amended by striking out “706” and inserting in lieu thereof “721”.

5. 2022

   Modernization of Cosmetics Regulation Act of 2022

   Pub. L. 117–328 div. FF title III § 3503(a)(3) · 136 Stat. 4459

   Added · 21 U.S.C. § 362(b)(3)

   Pub. L. 117–328 added par. (3) before proviso

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 117–328 added par. (3) before proviso.

   Enacted provision · exact public law section
   (3) Misbranded cosmetics.— Section 602(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 362(b)) is amended— (A) by striking “and (2)” and inserting “(2)”; and (B) by inserting after “numerical count” the following: “; and (3) the information required under section 609”.

   Effective date note
   Amendment by Pub. L. 117–328 effective on the date that is 1 year after Dec. 29, 2022, see section 3503(b)(1) of Pub. L. 117–328, set out as a note under section 331 of this title.

5 of 5 references resolved to an enrolled provision