Misbranded Cosmetic Law and Legal Definition

Misbranded cosmetic refers to those cosmetics that are falsely labeled or misleading. Misbranded cosmetic is also known as spurious cosmetic.

Federal statute under 21 USCS § 362, states that a cosmetic will be deemed as misbranded:

1. If in package form bears a label containing 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 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.

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

3. 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.

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