(a) A cosmetic shall be deemed misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is in package form and does not bear a label containing the name and place of business of the manufacturer, packer, or distributor and a statement of the quantity of the contents in terms of weight, measure, or numerical count;
(3) If any word, statement, or other information required to be placed in the labeling by or under authority of this division is not placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices) 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; or
(4) If its container is so made, formed, or filled as to be misleading.
(b) The Commissioner of Agriculture and Industries may permit reasonable variations and exemptions of small packages from subdivision (2) of subsection (a) of this section.
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