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Section 17C of the Drugs and Cosmetics Act 1940 - Misbranded Cosmetics

Section 17C of the Drugs and Cosmetics Act, 1940 specifies when a cosmetic is treated as a misbranded cosmetic for the purposes of Chapter IV of the Act. The provision focuses on unauthorised colour, non-compliant labelling, and false or misleading statements appearing on or with a cosmetic.

In brief: A cosmetic may be misbranded if it contains a colour that is not prescribed, is not labelled in the prescribed manner, or carries a false or misleading statement on its label, container, or accompanying material.

Text and meaning of Section 17C

Section 17C - Misbranded cosmetics. For the purposes of Chapter IV, a cosmetic is deemed to be misbranded in any of the following situations:

  1. it contains a colour which is not prescribed;
  2. it is not labelled in the prescribed manner; or
  3. the label, container, or anything accompanying the cosmetic bears a statement which is false or misleading in any particular.

What is a cosmetic under the Act?

Section 3(aaa) of the Drugs and Cosmetics Act, 1940 defines a cosmetic broadly as an article intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body or any part of it for cleansing, beautifying, promoting attractiveness, or altering appearance. It also includes an article intended for use as a component of a cosmetic.

When is a cosmetic misbranded?

1. Use of a colour that is not prescribed

Section 17C(a) covers a cosmetic containing a colour that is not permitted under the applicable regulatory requirements. Cosmetic ingredients, colourants, quality and safety requirements must therefore be checked against the Cosmetics Rules, 2020 and the standards made applicable to the product.

2. Failure to comply with prescribed labelling

Section 17C(b) applies where a cosmetic is not labelled in the prescribed manner. The Cosmetics Rules, 2020 contain the current regulatory framework for cosmetic labelling. Depending on the product and package, required particulars can include the name of the cosmetic, batch or lot particulars, expiry or use-before information where applicable, manufacturer information, licence particulars, ingredient declarations, warnings and other prescribed information.

3. False or misleading statements

Section 17C(c) applies when the label, container, or anything accompanying the cosmetic bears a statement that is false or misleading in any particular. Rule 36 of the Cosmetics Rules, 2020 separately provides that a cosmetic must not purport or claim to convey an idea that is false or misleading to the intending user.

Relationship with the Cosmetics Rules 2020

The Cosmetics Rules, 2020 were made under the Drugs and Cosmetics Act, 1940 and provide the principal rules governing cosmetics, including import, manufacture, labelling, quality and safety requirements. Section 17C should therefore be read together with the applicable provisions of those Rules and relevant standards for the particular cosmetic.

Compliance point: Whether a particular product is misbranded depends on its ingredients, permitted colours, actual label and package, accompanying claims, and the rules and standards applicable to that product. A label should be reviewed as a whole rather than by checking only the product name.

Related provisions

Section 17C deals specifically with misbranded cosmetics. It is distinct from Section 17D on spurious cosmetics and Section 17E on adulterated cosmetics. Section 18 contains prohibitions concerning manufacture and sale of certain drugs and cosmetics, while Section 27A deals with penalties for manufacture, sale and related dealings in cosmetics in contravention of Chapter IV.

Official regulatory references

For current compliance, refer to the official Central Drugs Standard Control Organisation resources for the Act, the Cosmetics Rules, 2020, and regulatory updates. These official materials should be checked for amendments, notifications, circulars and product-specific requirements.

This page is a general legal reference. For a specific product, prosecution, licence, import, labelling or compliance issue, the current statutory text, applicable rules, notifications and product-specific standards should be examined.