The Florida Senate

499.009  Misbranded cosmetics.--A cosmetic is misbranded:

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

(2)  If in package form, it does not bear a label containing:

(a)  The name and place of business of the manufacturer, packer, or distributor;

(b)  An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; however, under this paragraph reasonable variations are permitted, and the department shall establish by rule exemptions for small packages; and

(c)  A declaration of ingredients in descending order of predominance, or as otherwise required by federal law.

(3)  If any word, statement, or other information required by or under authority of this part 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 the word, statement, or other information likely to be read and understood by an individual under customary conditions of purchase and use.

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

(5)  If it is a color additive, its packaging and labeling are not in conformity with the packaging and labeling requirements applicable to that color additive prescribed under the federal act. This subsection does not apply to packages of color additives that, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes.

History.--s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 13, 52, ch. 92-69; s. 9, ch. 2008-207.