Ohio Code 3715.66 – Adulterated cosmetics
(A) A cosmetic is adulterated within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if:
Terms Used In Ohio Code 3715.66
- Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics. See Ohio Code 3715.01
- Cosmetic: means :
(a) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance;
(b) Articles intended for use as a component of any such article, except that "cosmetic" does not include soap. See Ohio Code 3715.01
- Drug: means :
(a) Articles recognized in the United States pharmacopoeia and national formulary, or any supplement to them;
(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(c) Articles, other than food, intended to affect the structure or any function of the body of humans or other animals;
(d) Articles intended for use as a component of any of the foregoing articles, other than devices or their components, parts, or accessories. See Ohio Code 3715.01
- Food: means :
(a) Articles used for food or drink for humans or animals;
(b) Chewing gum;
(c) Articles used for components of any such articles. See Ohio Code 3715.01
- Label: means a display of written, printed, or graphic matter upon the immediate container, exclusive of package liners, of any article. See Ohio Code 3715.01
- Labeling: means all labels and other written, printed, or graphic matter:
(a) Upon an article or any of its containers or wrappers;
(b) Accompanying such article. See Ohio Code 3715.01
(1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual, except that this provision does not apply to coal-tar hair dye if both of the following conditions are met:
(a) The label bears the following legend conspicuously displayed thereon: “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.”
(b) The labeling bears adequate directions for preliminary testing.
(2) It contains, in whole or in part, any filthy, putrid, or decomposed substance.
(3) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(4) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render 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 certified under authority of the “Federal Food, Drug, and Cosmetic Act,” 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.
(B) For purposes of divisions (A)(1) and (5) of this section, “hair dye” does not include eyelash dye or eyebrow dye.