C.F.R. » Title 21 » CHAPTER I—FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—COSMETICS › PART 701—COSMETIC LABELING › Subpart A—General Provisions

21 C.F.R. § 701.1

Misbranding

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(a) Among representations in labeling of a cosmetic which render such cosmetic misbranded is a false or misleading representation with respect to another cosmetic or a food, drug, or device.

(b) The labeling of a cosmetic which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such cosmetic in such labeling by a name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1978–2021 · leading case: Goldemberg v. Johnson & Johnson Consum. Companies, Inc., 8 F. Supp. 3d 467 (S.D.N.Y. 2014).
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Goldemberg v. Johnson & Johnson Consum. Companies, Inc., 8 F. Supp. 3d 467 (S.D.N.Y. 2014). · cites it 2× “21 C.F.R. § 701.1 (b) (labeling “may be misleading” where it designates the cosmetic “by a name which includes or suggests the name of one or more but not all .”
Jennifer Beardsall v. CVS Pharmacy, Inc., 953 F.3d 969 (7th Cir. 2020). “They point to a Food and Drug Administration regulation, 21 C.F.R. § 701.1 (b), which states that the labeling of a cosmetic “may be misleading” by bearing a “name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such…”
Zotos Int'l, Inc. v. Kennedy, 460 F. Supp. 268 (D.D.C. 1978). “8918, now codified at 21 C.F.R. § 701.1 et seq., lay out a fresh method for weighing trade secret claims.”
Jennifer Beardsall v. CVS Pharmacy, Inc. (7th Cir. 2020). “They point to a Food and Drug Administration regulation, 21 C.F.R. § 701.1 (b), which states that the labeling of a cosmetic “may be misleading” by bearing a “name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such…”
Early v. Henry Thayer Co. Inc. (E.D. Mo. 2021). “21 C.F.R. § 701.1 (b) (labeling “may be misleading” where it designates the cosmetic “by a name which includes or suggests the name of one or more but not all .”
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