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

1. (1) If the cosmetic's labeling is false or misleading in any way.

2. (2) If the cosmetic is in package form unless the cosmetic bears a label containing the following:

   1. (A) The name and place of business of the manufacturer, packer, or distributor.

   2. (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.

      However, reasonable variations are permitted under clause (B) and exemptions for small packages shall be established by rules adopted by the state department.

3. (3) If a word, statement, or other information required by this chapter or a rule adopted under IC 16-42-1-2 to appear on the label or labeling is not prominently placed on the label with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to make the label or labeling likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

4. (4) If the container of the cosmetic is so made, formed, or filled as to be misleading.

   [Pre-1993 Recodification Citations: 16-1-31-6; 16-1-31-7; 16-1-31-8; 16-1-31-9.]

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