(410 ILCS 620/19) (from Ch. 56 1/2, par. 519)
Sec. 19.
A cosmetic is misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the name
and place of business of the manufacturer, packer or distributor; and (2)
an accurate statement of the quantity of the contents in terms of weight,
measure or numerical count. However, under paragraph (2) of
this subsection
reasonable variations shall be permitted and exemptions as to small
packages shall be established by regulations prescribed by the Director.
(c) 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 it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(d) If its container is so made, formed or filled as to be misleading.
(e) 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
subsection 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 Section 18(a).
(f) The Director may promulgate regulations exempting from any
labeling requirement of this Act cosmetics which are 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 processed or packed, on condition that such cosmetics are not
adulterated or misbranded under the provisions of this Act upon removal
from such processing, labeling or repacking establishment. Cosmetic
labeling exemptions adopted under the Federal Act and supplements thereto
or revisions thereof shall apply to cosmetics in Illinois except insofar as
modified or rejected by regulations promulgated by the Director.
(g) If its packaging or labeling is in violation of an applicable
regulation issued pursuant to Section 3, 4 or 5 of the Illinois Poison
Prevention Packaging Act.
(Source: P.A. 84-891.)
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