A new California law banning the sale of animal-tested cosmetics is the first of its kind in the U.S. The California Cruelty-Free Cosmetics Act was signed by California Governor Jerry Brown on Friday soon after its inception by colleague and Senator Cathleen Galgiani. The regulations will go into effect Jan. 1, 2020, restricting manufacturers wishing to “import for profit, sell or offer for sale” all cosmetics produced with animal testing. Violators will incur a base fine of $5,000, plus $1,000 for each day they continue their illicit activities.
Currently, several animals are manipulated in the cosmetics industry including mice, rats, rabbits and guinea pigs. A large proportion of these test subjects are killed after experimentation, but not before they have been exposed to possibly irritating or even deadly substances. Susceptibility to hazards is determined by force-feeding or causing the animals to inhale chemicals in order to evaluate toxicity levels.
The new California law makes the Humane Cosmetics Act, a federal bill that would eliminate the practice of animal testing in the cosmetics industry, all the more significant. The vital legislature was introduced to Congress last year, but has yet to be passed.
Unfortunately, the greatest loophole that remains in the groundbreaking law is an exception for products for which no alternative experimentation procedures exist. The U.S. Food and Drug Administration has been very lax thus far, simply asking companies to “employ whatever testing is appropriate and effective” to eliminate adverse effects for consumers.
California joins a list of governments, such as the EU, India, Israel and Norway, that have already adopted such a ban. But some countries, including China, require animal testing on all imported cosmetics. These animal-tested products could also funnel through the California legislature’s loopholes — as long as animals weren’t used to determine the safety of a product for sale in California specifically.
While there has been a push in China to move away from animal testing, there is also greater incentive for companies to stop animal testing. Companies hope to avoid having to pay for two sets of testing, one set of animal tests for China and another to be able to sell the same products in the EU or California. “It gives greater impetus for [the cosmetics] industry to push for changes in other countries,” said Vicki Katrinak, program manager for animal research issues at the U.S. Humane Society. “We’re hoping that California will just be the start of resolving this issue.”
Image via Siora Photography