Tabberone is pronounced tab ber won not tay ber own

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From: Lambert, Lark A lark.lambert@fda.hhs.gov Sent: Tuesday, May 22, 2007 8:06 AM To: rez-pro88 Subject: eBay cosmetic Dear Ms. Klint: As mentioned in our previous reply, cosmetic products are subject to the provisions of the FD&C Act and, when offered for sale as consumer commodities, to the provisions of the FPLA as well. While there is no prohibition against the sale of cosmetic products at flea markets and public auctions, the products must be safe and properly labeled and not otherwise adulterated or misbranded under the laws that FDA enforces. Products not complying with these provisions would be considered adulterated or misbranded and therefore may not lawfully be resold. Among other things, a cosmetic is deemed to be adulterated if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health, as may be the case with compromised (e.g., those that have been opened and/or used) products. Similarly, a cosmetic product offered for retail sale (e.g., sale to consumers at flea markets and electronic auctions) would be deemed misbranded if it did not bear a complete ingredient declaration in accordance with the provisions of the Code of Federal Regulations (CFR), 21 CFR 701.3. Sincerely, Mr. Lark A. Lambert FDA, HFS-125, CPK-2 Office of Cosmetics and Colors 5100 Paint Branch Parkway College Park, MD 20740-3835 Phone: 301-436-1143 Fax: 301-436-2975 Lark.Lambert@fda.hhs.gov