HARRY HUGHES, Governor

1895

In subsection (b)(1) of this section, the phrase
"in the quantity present" is added to conform to
the comparable provision concerning adulterated
food under § 4-207(b)(l) of this subtitle.
Since, in practice, the test to be applied is the
same, the Commission to Revise the Annotated Code
concluded that the same language should be used
in both instances.

In subsection (b)(l)(i) of this section, the
reference to the conditions of use "that are
instructed, recommended, or suggested" in the
labeling or advertisement is substituted for the
reference to the conditions of use "prescribed"
for clarity.

In subsection (b)(5) of this section, the
reference to a finding under § 4-239 of this
subtitle is substituted for the reference to the
Federal Act. While, ultimately, the
determination of whether a color additive is to
be considered safe in this State is most apt to
be made under the Federal Act, that determination
may be made by the Secretary under this subtitle.
Section 4-239 of this subtitle sets forth the
process by which a determination is made under
either the Federal Act or this subtitle.

4-231. MISBRANDED COSMETICS.

(A) IN GENERAL.

FOR PURPOSES OF THIS SUBTITLE, A COSMETIC IS CONSIDERED
MISBRANDED IF:

(1)  ITS LABELING OR PACKAGING IS FALSE OR
MISLEADING IN ANY WAY;

(2)  IT IS IN PACKAGE FORM AND IT DOES NOT BEAR A
LABEL THAT CONTAINS THE NAME AND PLACE OF BUSINESS OF THE
MANUFACTURER, PACKER, OR DISTRIBUTOR;

(3)  ANY WORD, STATEMENT, OR OTHER INFORMATION
REQUIRED UNDER THIS SUBTITLE TO APPEAR ON ITS LABELING IS
NOT:

(I)  PLACED PROMINENTLY ON THE LABELING SO
THAT IT IS CONSPICUOUS, AS COMPARED WITH OTHER WORDS,
STATEMENTS, DESIGNS, OR SYMBOLS, ON THE LABELING; AND

(II)  EXPRESSED IN TERMS LIKELY TO BE READ
AND UNDERSTOOD BY THE ORDINARY INDIVIDUAL UNDER CUSTOMARY
CONDITIONS OF PURCHASE AND USE; OR