A cosmetic is adulterated if
(1) it bears or contains a poisonous or deleterious substance which may render it injurious to a user under the conditions of use prescribed in the labeling or advertisement of it, or under conditions of use which are customary or usual; however, this provision does not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed: “Caution - this product contains ingredients which 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.” and the labeling of which bears adequate directions for preliminary testing, and for the purposes of this paragraph and (5) of this section the term “hair dye” does not include eyelash dyes or eyebrow dyes;
(2) it consists in whole or in part of a filthy, putrid, or decomposed substance;
(3) it has been produced, prepared, packed, or held under insanitary conditions by which it may have become contaminated with filth or made injurious to health;
(4) its container is composed, in whole or in part, of a poisonous or deleterious substance which may make the contents injurious to health;
(5) it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the federal act.
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