A cosmetic is considered to be adulterated under the following conditions:

1. (1) If the cosmetic bears or contains a poisonous or deleterious substance that may make the cosmetic injurious to users under the conditions of use prescribed in the labeling of the cosmetic or under the conditions of use that are customary or usual. However this subdivision does not apply to coal-tar hair dye if the following conditions are met:

   1. (A) The label on the dye conspicuously displays the following message:

      "Caution ─ This product contains ingredients that 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.".

   2. (B) The labeling contains adequate directions for preliminary testing.
2. (2) If the cosmetic consists in whole or in part of a filthy, putrid, or decomposed substance.
3. (3) If the cosmetic has been prepared, packed, or held under unsanitary conditions as the result of which the cosmetic may have become contaminated with filth or as the result of which the cosmetic may have been made injurious to health.
4. (4) If the container of the cosmetic is composed in whole or in part of a poisonous or deleterious substance that may make the contents injurious to health.

5. (5) If the cosmetic is not a hair dye and the cosmetic is, bears, or contains a color additive that is unsafe under IC 16-42-2-5 .

   [Pre-1993 Recodification Citations: 16-1-31-1 part; 16-1-31-2; 16-1-31-3; 16-1-31-4; 16-1-31-5.]

As added by P.L.2-1993, SEC.25.