# § 362. 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; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; and (3) the information required under section 364e of this title: *Provided*, 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 chapter 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.
**(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 379e of this title. 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 361(a) of this title).
**(f)** If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 1472 or 1473 of title 15.
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**Source Credit**: (June 25, 1938, ch. 675, § 602, 52 Stat. 1054; Pub. L. 86–618, title I, § 102(c)(2), July 12, 1960, 74 Stat. 398; Pub. L. 91–601, § 6(f), formerly § 7(f), Dec. 30, 1970, 84 Stat. 1673, renumbered Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716; Pub. L. 102–571, title I, § 107(12), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 117–328, div. FF, title III, § 3503(a)(3), Dec. 29, 2022, 136 Stat. 5858.)
## Editorial Notes
### Amendments
2022—Subsec. (b)(3). added par. (3) before proviso.
1992—Par. (e). substituted “379e” for “376”.
1970—Par. (f). added par. (f).
1960—Par. (e). added par. (e).
## Statutory Notes and Related Subsidiaries
### Effective Date of 2022 Amendment
Amendment by effective on the date that is 1 year after , see , set out as a note under .
### Effective Date of 1970 Amendment
Amendment by effective , and regulations establishing special packaging standards effective no sooner than 180 days or later than one year from date regulations are final, or an earlier date published in Federal Register, see , set out as an Effective Date note under , Commerce and Trade.
### Effective Date of 1960 Amendment
Amendment by effective , subject to the provisions of , see , set out as a note under .
### Effective Date; Postponement
Par. (b) effective , and such subsection effective , as provided by regulations for certain lithographed labeling and containers bearing certain labeling, see , , set out as an Effective Date; Postponement in Certain Cases note under .
### Construction; Confidentiality
Nothing in amendment made by , to be construed to authorize the disclosure of information that is prohibited from disclosure under or or that is subject to withholding under , see , set out as a note under .
## Executive Documents
### Transfer of Functions
For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under .