May contain, and its four conditions
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What it permits
A declaration of ingredients may include an ingredient not in the product if the ingredient is identified by the phrase "may contain" and one of two routes is satisfied. That is a genuine departure from declaring what is in the package.
The first route, which is simple
It is a color additive added to some batches of the product for purposes of color matching. So batch-to-batch shade correction is covered directly, with no further conditions.
The second route, which has four conditions
The same declaration is also used for other products similar in composition and intended for the same use, including assortments. The products are shaded products within the categories at 21 CFR 720.4(c)(3), (7) and (8)(v).
And two more
All products sharing the common declaration are sold by the labeler under a common trade name or brand designation, and no trade name or brand designation not common to all of them appears in the labeling of any of them. And the ingredient is a color additive.
That third condition is the restrictive one
A shade range sold under one brand name qualifies. A range where one shade carries a collaboration name or a sub-brand does not, because a non-common designation appears on it. Limited editions are where this breaks.
It only ever covers color additives
Both routes end with that. A preservative or an active present in some variants and not others cannot be handled with "may contain", and that is a common misreading.
Assortments get their own provision
Where an assortment of cosmetic products is sold together in the same package, the color additives may be declared in a single composite list in a manner that is not misleading and that indicates what it is. That is the palette provision.