Sec. 110. Counterfeit cosmetics
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/bill/116/hr/5279/ih/section-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 201(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(i) ) is amended— by striking
(i)The term inserting (i)(1) The term ; by striking
(1)articles intended to be and inserting
(A)articles intended to be ; by striking
(2)articles intended for use and inserting
(B)articles intended for use ; and by adding at the end the following: The term counterfeit cosmetic means a cosmetic which, or the container or labeling of which, without authorization— bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a cosmetic manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such cosmetic; and thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other cosmetic manufacturer, processor, packer, or distributor. . Section 301(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(i) ) is amended— in subparagraph (2)— by inserting digital printer, after stone, ; by inserting cosmetic after drug or ; and by inserting before the period at the end the following: or such cosmetic a counterfeit cosmetic ; and in subparagraph (3)— by inserting or a cosmetic to be a counterfeit cosmetic after to be a counterfeit drug ; and by inserting or counterfeit cosmetic before the period at the end. Section 303(c)(5) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(c)(5) ) is amended— by inserting digital printer after stone, ; by inserting or a cosmetic being a counterfeit cosmetic after drug being a counterfeit drug ; and by inserting before the period at the end the following: or the cosmetic was a counterfeit cosmetic . Section 304(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334(a)(2) ) is amended— by striking
(B)Any container and all that follows through
(D)Any adulterated and inserting
(B)Any cosmetic that is a counterfeit cosmetic,
(C)Any container of a counterfeit drug or counterfeit cosmetic,
(D)Any punch, die, plate, stone, labeling, container, digital printer, or other thing used or designed for use in making a counterfeit drug or drugs or a counterfeit cosmetic or cosmetics,
(E)Any adulterated ; and by striking
(E)and inserting
(F)before Any adulterated or misbranded tobacco product . Section 702(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 372(e) ) is amended— in the matter preceding paragraph (1), by inserting or counterfeit cosmetics after counterfeit drugs ; in paragraph (4), by inserting or cosmetics after such drugs ; and in paragraph (5)— by striking drugs or containers and inserting drugs, cosmetics, or containers ; and by inserting digital printers, after labeling, .
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