{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/54.1-3465.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/54.1-3465.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/54.1-3465.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/54.1-3465.html"}],"law_id":368796,"edition_id":2,"section_id":368796,"structure_id":52546,"section_number":"54.1-3465","catch_line":"Misbranded cosmetics","history":"Code 1950, \u00a7 54-466; 1970, c. 650, \u00a7 54-524.97; 1988, c. 765.","full_text":"A cosmetic shall be deemed to be misbranded:\n\n1\n\nIf its labeling is false or misleading in any particular;\n\n2\n\nIf in package form unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. However, reasonable variations shall be permitted, and exemptions for small packages shall be established by the Board;\n\n3\n\nIf any word, statement, or other information required by or under authority of this chapter 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;\n\n4\n\nIf its container is so made, formed or filled as to be misleading;\n\n5\n\nIf it is a color additive, unless its packaging and labeling are in conformity with packaging and labeling requirements applicable to such color additive under the provisions of the federal act. This subdivision 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.\n\t\t\tA cosmetic which is, 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, is exempted from the affirmative labeling requirements of this chapter while it is in transit in commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this chapter.\n\n","order_by":null,"text":{"0":{"id":1374472,"text":"A cosmetic shall be deemed to be misbranded:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1374473,"text":"If its labeling is false or misleading in any particular;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1374474,"text":"If in package form unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. However, reasonable variations shall be permitted, and exemptions for small packages shall be established by the Board;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1374475,"text":"If any word, statement, or other information required by or under authority of this chapter 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;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1374476,"text":"If its container is so made, formed or filled as to be misleading;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1374477,"text":"If it is a color additive, unless its packaging and labeling are in conformity with packaging and labeling requirements applicable to such color additive under the provisions of the federal act. This subdivision 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.\n\t\t\tA cosmetic which is, 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, is exempted from the affirmative labeling requirements of this chapter while it is in transit in commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this chapter.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":52546,"edition_id":2,"name":"Misbranded and Adulterated Drugs and Cosmetics","identifier":"6","label":"article","depth":4,"order_by":8,"parent_id":52537,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:00:49","date_modified":"2026-08-02 12:35:16","permalink":{"id":1470687,"object_type":"structure","relational_id":52546,"identifier":"6","token":"54.1\/III\/34\/6","url":"\/54.1\/III\/34\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52537,"edition_id":2,"name":"Drug Control Act","identifier":"34","label":"chapter","depth":3,"order_by":16,"parent_id":52479,"metadata":{"child_laws":127,"child_structures":10},"date_created":"2026-08-02 03:00:37","date_modified":"2026-08-02 12:35:13","permalink":{"id":1470225,"object_type":"structure","relational_id":52537,"identifier":"34","token":"54.1\/III\/34","url":"\/54.1\/III\/34\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52479,"edition_id":2,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":52436,"metadata":{"child_laws":738,"child_structures":83},"date_created":"2026-08-02 02:59:23","date_modified":"2026-08-02 12:35:00","permalink":{"id":1468107,"object_type":"structure","relational_id":52479,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52436,"edition_id":2,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":118,"parent_id":null,"metadata":{"child_laws":1282,"child_structures":163},"date_created":"2026-08-02 02:58:52","date_modified":"2026-08-02 12:34:51","permalink":{"id":1466315,"object_type":"structure","relational_id":52436,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":368788,"structure_id":52546,"section_number":"54.1-3457","catch_line":"Prohibited acts","url":"\/54.1-3457\/","token":"54.1\/III\/34\/6\/54.1-3457","metadata":false},{"id":368789,"structure_id":52546,"section_number":"54.1-3458","catch_line":"Violations","url":"\/54.1-3458\/","token":"54.1\/III\/34\/6\/54.1-3458","metadata":false},{"id":368790,"structure_id":52546,"section_number":"54.1-3459","catch_line":"Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses","url":"\/54.1-3459\/","token":"54.1\/III\/34\/6\/54.1-3459","metadata":false},{"id":368791,"structure_id":52546,"section_number":"54.1-3460","catch_line":"Poisonous or deleterious substance, or color additive","url":"\/54.1-3460\/","token":"54.1\/III\/34\/6\/54.1-3460","metadata":false},{"id":368792,"structure_id":52546,"section_number":"54.1-3461","catch_line":"Adulterated drug or device","url":"\/54.1-3461\/","token":"54.1\/III\/34\/6\/54.1-3461","metadata":false},{"id":368793,"structure_id":52546,"section_number":"54.1-3462","catch_line":"Misbranded drug or device","url":"\/54.1-3462\/","token":"54.1\/III\/34\/6\/54.1-3462","metadata":false},{"id":368794,"structure_id":52546,"section_number":"54.1-3463","catch_line":"Exemption of drugs dispensed by filling or refilling prescription","url":"\/54.1-3463\/","token":"54.1\/III\/34\/6\/54.1-3463","metadata":false},{"id":368795,"structure_id":52546,"section_number":"54.1-3464","catch_line":"Adulterated cosmetics","url":"\/54.1-3464\/","token":"54.1\/III\/34\/6\/54.1-3464","metadata":false},{"id":368796,"structure_id":52546,"section_number":"54.1-3465","catch_line":"Misbranded cosmetics","url":"\/54.1-3465\/","token":"54.1\/III\/34\/6\/54.1-3465","metadata":false}],"previous_section":{"id":368795,"structure_id":52546,"section_number":"54.1-3464","catch_line":"Adulterated cosmetics","url":"\/54.1-3464\/","token":"54.1\/III\/34\/6\/54.1-3464","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3465\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 650; in 1988, chapter 765.<\/p>","references":false,"refers_to":false,"permalink":{"id":1470721,"object_type":"law","relational_id":368796,"identifier":"54.1-3465","token":"54.1\/III\/34\/6\/54.1-3465","url":"\/54.1-3465\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/54.1-3465\/","token":"54.1\/III\/34\/6\/54.1-3465","dublin_core":{"Title":"Misbranded cosmetics","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3465","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A cosmetic shall be deemed to be misbranded:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> If its <span class=\"dictionary\">labeling<\/span> is false or misleading in any particular; <a id=\"paragraph-1374473\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3465\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> If in package form unless it bears a <span class=\"dictionary\">label<\/span> containing the name and place of business of the <span class=\"dictionary\">manufacturer<\/span>, packer, or <span class=\"dictionary\">distributor<\/span> and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. However, reasonable variations shall be permitted, and exemptions for small packages shall be established by the <span class=\"dictionary\">Board<\/span>; <a id=\"paragraph-1374474\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3465\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> If any word, statement, or other information required by or under authority of this chapter to appear on the <span class=\"dictionary\">label<\/span> or <span class=\"dictionary\">labeling<\/span> is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or <span class=\"dictionary\">devices<\/span>, in the <span class=\"dictionary\">labeling<\/span>, 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; <a id=\"paragraph-1374475\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3465\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> If its container is so made, formed or filled as to be misleading; <a id=\"paragraph-1374476\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3465\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> If it is a color additive, unless its packaging and <span class=\"dictionary\">labeling<\/span> are in conformity with packaging and <span class=\"dictionary\">labeling<\/span> requirements applicable to such color additive under the provisions of the federal act. This subdivision 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.\n\t\t\tA cosmetic which is, 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, is exempted from the affirmative <span class=\"dictionary\">labeling<\/span> requirements of this chapter while it is in transit in commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this chapter. <a id=\"paragraph-1374477\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3465\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMISBRANDED COSMETICS (\u00a7 54.1-3465)\n\nA cosmetic shall be deemed to be misbranded:\n\n1. If its labeling is false or misleading in any particular;\n\n2. If in package form unless it bears a label containing the name and place of\nbusiness of the manufacturer, packer, or distributor and an accurate statement\nof the quantity of the contents in terms of weight, measure, or numerical count.\nHowever, reasonable variations shall be permitted, and exemptions for small\npackages shall be established by the Board;\n\n3. If any word, statement, or other information required by or under authority\nof this chapter 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 such terms as to render it likely\nto be read and understood by the ordinary individual under customary conditions\nof purchase and use;\n\n4. If its container is so made, formed or filled as to be misleading;\n\n5. If it is a color additive, unless its packaging and labeling are in\nconformity with packaging and labeling requirements applicable to such color\nadditive under the provisions of the federal act. This subdivision shall not\napply to packages of color additives which, with respect to their use for\ncosmetics, are marketed and intended for use only in or on hair dyes.\n\t\t\tA cosmetic which is, in accordance with the practice of the trade, to be\nprocessed, labeled or repacked in substantial quantities at an establishment\nother than the establishment where it was originally processed or packed, is\nexempted from the affirmative labeling requirements of this chapter while it is\nin transit in commerce from the one establishment to the other, if such transit\nis made in good faith for such completion purposes only; but it is otherwise\nsubject to all applicable provisions of this chapter.\n\nHISTORY: Code 1950, \u00a7 54-466; 1970, c. 650, \u00a7 54-524.97; 1988, c. 765.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}