--- kind: "section" citation: "21 U.S.C. § 362" title: "21" title_heading: "Food and Drugs" number: "362" heading: "Misbranded cosmetics" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/21/362" units: - "Chapter 9 — Federal Food, Drug, and Cosmetic Act" - "Subchapter VI — Cosmetics" --- # §362. Misbranded cosmetics A [cosmetic](/usc/21/321.md?p=i) shall be deemed to be misbranded— - (a) If its [labeling](/usc/21/321.md?p=m) is false or misleading in any particular. - (b) If in [package](/usc/21/360eee.md?p=11-A) form unless it bears a [label](/usc/21/321.md?p=k) containing (1) the name and place of business of the [manufacturer](/usc/21/360hh.md?p=3), packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; and (3) the information required under [section 364e of this title](/usc/21/364e.md): Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small [packages](/usc/21/360eee.md?p=11-A) shall be established, by regulations prescribed by the [Secretary](/usc/21/321.md?p=d). - (c) If any word, statement, or other information required by or under authority of this chapter to appear on the [label](/usc/21/321.md?p=k) or [labeling](/usc/21/321.md?p=m) is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or [devices](/usc/21/321.md?p=h-1), in the [labeling](/usc/21/321.md?p=m)) 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](/usc/21/321.md?p=t-1), unless its [packaging](/usc/21/364.md?p=3-C) and [labeling](/usc/21/321.md?p=m) are in conformity with such [packaging](/usc/21/364.md?p=3-C) and [labeling](/usc/21/321.md?p=m) requirements, applicable to such [color additive](/usc/21/321.md?p=t-1), as may be contained in regulations issued under [section 379e of this title](/usc/21/379e.md). This paragraph shall not apply to [packages](/usc/21/360eee.md?p=11-A) of [color additives](/usc/21/321.md?p=t-1) which, with respect to their use for [cosmetics](/usc/21/321.md?p=i), are marketed and intended for use only in or on hair dyes (as defined in the last sentence of [section 361(a) of this title](/usc/21/361.md?p=a)). - (f) If its [packaging](/usc/21/364.md?p=3-C) or [labeling](/usc/21/321.md?p=m) is in violation of an applicable regulation issued pursuant to section 1472 or 1473 of title 15. ## Source credit (June 25, 1938, ch. 675, § 602, 52 Stat. 1054; Pub. L. 86–618, title I, § 102(c)(2), July 12, 1960, 74 Stat. 398; Pub. L. 91–601, § 6(f), formerly § 7(f), Dec. 30, 1970, 84 Stat. 1673, renumbered Pub. L. 97–35, title XII, § 1205(c), Aug. 13, 1981, 95 Stat. 716; Pub. L. 102–571, title I, § 107(12), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 117–328, div. FF, title III, § 3503(a)(3), Dec. 29, 2022, 136 Stat. 5858.) ## Notes ### Editorial Notes ### Amendments 2022—Subsec. (b)(3). Pub. L. 117–328 added par. (3) before proviso. 1992—Par. (e). Pub. L. 102–571 substituted “379e” for “376”. 1970—Par. (f). Pub. L. 91–601 added par. (f). 1960—Par. (e). Pub. L. 86–618 added par. (e). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2022 Amendment Amendment by Pub. L. 117–328 effective on the date that is 1 year after Dec. 29, 2022, see section 3503(b)(1) of Pub. L. 117–328, set out as a note under section 331 of this title. ### Effective Date of 1970 Amendment Amendment by Pub. L. 91–601 effective Dec. 30, 1970, and regulations establishing special packaging standards effective no sooner than 180 days or later than one year from date regulations are final, or an earlier date published in Federal Register, see section 8 of Pub. L. 91–601, set out as an Effective Date note under section 1471 of Title 15, Commerce and Trade. ### Effective Date of 1960 Amendment Amendment by Pub. L. 86–618 effective July 12, 1960, subject to the provisions of section 203 of Pub. L. 86–618, see section 202 of Pub. L. 86–618, set out as a note under section 379e of this title. ### Effective Date; Postponement Par. (b) effective Jan. 1, 1940, and such subsection effective July 1, 1940, as provided by regulations for certain lithographed labeling and containers bearing certain labeling, see act June 23, 1939, ch. 242, 53 Stat. 853, set out as an Effective Date; Postponement in Certain Cases note under section 301 of this title. ### Construction; Confidentiality Nothing in amendment made by Pub. L. 117–328, to be construed to authorize the disclosure of information that is prohibited from disclosure under section 331(j) of this title or section 1905 of title 18 or that is subject to withholding under section 552(b)(4) of title 5, see section 3503(c)(2) of Pub. L. 117–328, set out as a note under section 364 of this title. ### Executive Documents ### Transfer of Functions For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.