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On August 31, 2018, the California Senate passed the first ban of animal testing on cosmetic products in the United States. SB-1249 states that, on or after January 1, 2020 cosmetics “developed or manufactured using an animal test that was conductedby the manufacturer, or any supplier of the manufacturer” will be prohibited in California.
The ban does not apply to:
1. “An animal test of any cosmetic that is required by a federal or state regulatory authority if all of the following apply:
a. The ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function.
b. A specific human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.
c. There is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or state regulatory authority.
2. “An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer.
3. “An animal test that was conducted on any product or ingredient subject to the requirements of Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).
4. “An animal test that was conducted for noncosmetic purposes in response to a requirement of a federal, state, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in California by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted pursuant to this paragraph.”
It should also be noted that the ban does not apply to cosmetic products when the product was sold in California or tested on animals prior to January 1, 2020, even if the product is manufactured after that date. Likewise, it does not apply to ingredients if the ingredient was sold in California or tested on animals prior to January 1, 2020, even if the ingredient was manufactured after that date.
This is the second law that California has passed impacting cosmetic products this August. On August 28, AB-2775 passed, requiring professional cosmetic products to disclose ingredients in the same manner as consumer products effective July 1, 2020. Per the Federal cosmetic requirements, professional products are exempt from ingredient disclosure requirements.
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