{"data":{"id":"us-ky/krs-217.095","jurisdiction":"us-ky","citation":"KRS 217.095","heading":"When cosmetic deemed misbranded.","body":"A cosmetic shall be deemed to be misbranded:\n(1) If its labeling is false or misleading in any particular or if its labeling or packaging\nfails to conform with the requirements of KRS 217.037;\n(2) If in package form unless it bears a label containing:\n(a) The name and place of business of the manufacturer, packer, or distributor;\nand\n(b) An accurate statement of the quantity of the contents in terms of weight,\nmeasure, or numerical count, which statement shall be separately and\naccurately stated in a un iform location upon the principal display panel of the\nlabel; provided that reasonable variations shall be permitted, and exemptions\nas to small packages shall be established by regulations prescribed by the\nsecretary;\n(3) If any word, statement, or other  information required by or under authority of KRS\n217.005 to 217.215 to appear on the label or labeling is not prominently placed\nthereon with such conspicuousness (as compared with other words, statements,\ndesigns, or devices, in the labeling) and in suc h terms as to render it likely to be\nread and understood by the ordinary individual under customary conditions of\npurchase and use;\n(4) If its container is so made, formed or filled as to be misleading;\n(5) If it is a color additive, unless its packaging  and labeling are in conformity with\nsuch packaging and labeling requirements applicable to such color additive\nprescribed under the provisions of the federal act.  This subsection shall not apply to\npackages of color additives which, with respect to their  use for cosmetics, are\nmarketed and intended for use only in or on hair dyes as defined in KRS 217.085;\n(6) A cosmetic which is, in accordance with the practice of the trade, to be processed,\nlabeled or repacked in substantial quantities at an establishm ent other than the\nestablishment where it was originally processed or packed, is exempted from the\naffirmative labeling requirements of KRS 217.037 while it is in transit in commerce\nfrom the one establishment to the other, if such transit is made in good faith for\nsuch completion purposes only; but it is otherwise subject to all applicable\nprovisions of KRS 217.005 to 217.215.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9282","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:24Z","sha256":"67955ae9ac8ae9bc4e258cbeca7e77c2d06fe5b42abab8afe2caeb9fc8230177","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.090","next":"us-ky/krs-217.100"},"notice":"GroundRules: Original legal text. Not legal advice."}