A cosmetic shall be deemed to be adulterated:

A. if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisements thereof, or under such conditions of use as are customary or usual; provided, that this provision shall not apply to coal-tar dye, the label of which bears the following legend conspicuously displayed thereon: "CAUTION: This product contains ingredients which may cause skin irritations 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 such preliminary testing. For the purpose of this paragraph and Subsection E the term "hair dye" shall not include eyelash dyes or eyebrow dyes;

B. if it consists in whole or in part of any filthy, putrid or decomposed substance;

C. if it has been produced, 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;

D. if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

E. if it is not a hair dye, and it bears or contains a color additive which is unsafe within the meaning of the federal act.

History: 1953 Comp., § 54-6-50, enacted by Laws 1967, ch. 23, § 25.

Cross references. — For definition of "contaminated with filth", see 26-1-2 NMSA 1978.

For definition of "color additive", see 26-1-2 NMSA 1978.

For definition of "federal act", see 26-1-2 NSMA 1978 and notes thereto.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Products liability: perfumes, colognes, or deodorants, 46 A.L.R.4th 1197.

2 C.J.S. Adulteration § 2.