Guam § 40119 - Misbranded Cosmetics.

§ 40119. Misbranded Cosmetics.

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If its labeling or packaging fails to conform with the requirements

of '40120 of this Act;

(3) If in package form unless it bears a label containing (i) the name

and place of business of the manufacturer, packer or distributor; and (ii) an

accurate statement of the quantity of the contents in terms of weight,

measure or numerical count, which statement shall be separately and

accurately stated in a uniform location upon the principal display panel of

the label; provided, that under clause (ii) of this Paragraph reasonable

variations shall be permitted, and exemption as to small packages shall be

established by regulations prescribed by the Director;

(4) 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

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it likely to be read and understood by the ordinary individual under

customary conditions of purchase and use;

(5) If its container is so made, formed or filled as to be misleading;

(6) 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 prescribed under the provisions of the Federal Act. 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 '40118(a)(1); or

(7) A cosmetic which is, in accordance with the practice of the trade, to

be processed, labeled or repacked in substantial quantities at an

establishment other than the establishment where it was originally pro-

cessed or packed, is exempted from the affirmative labeling requirements of

this Act while it is in transit in commerce from the one establishment to the

other, if such transit is made in good faith for such completion purposes

only; but is otherwise subject to all applicable provisions of this Act.