California has made history by becoming the first state in the U.S. to ban cosmetic products developed with animal testing. After January 1, 2020 The California Cruelty-Free Cosmetics Act will ban manufacturers from the “import for profit, sell, or offer for sale” any cosmetic or personal care product developed with animal testing.

Governor Jerry Brown signed S.B. 1249 into law at the end of the September. The California Cruelty-Free Cosmetics Act was originally introduced by Senator Cathleen Galgiani and passed both the California State Assembly and California State Senate with near unanimous support.

What will The California Cruelty-Free Cosmetics Act mean for formulators? Here are a few key changes to existing rules and exemptions to be aware of:

Change #1: Product Development

Cosmetic and personal care products that were developed with animal testing before January 1, 2020 can still be sold under the new legislation. However, after January 1, 2020, all cosmetic and personal care product development must cease the use of animal testing.

Change #2: Violations

Companies who violate The California Cruelty-Free Cosmetics Act can punished with a $5,000 fine. Additionally, companies can be fined an additional $1,000 per day as a violation continues.

Important exemptions for formulators

However, the new legislation does include two very important exemptions for the animal testing ban for cosmetic formulators:

First, companies that sell items in foreign countries can continue to fund animal testing on those products and ingredients – if the animal tests are required by the laws of foreign countries.

Additionally, manufacturers can still sell their animal-tested cosmetic products and ingredients in California, provided the animal testing was conducted solely to be compliant with foreign regulations, and not to determine the safety of a product.

The most notable market for this stipulation will be China, where animal testing is required on all cosmetic and personal care products. It is expected that U.S. companies that sell cosmetic products in China will most likely continue funding animal testing on products and ingredients to remain China-compliant.

The second exemption for the animal testing ban for formulators is an exception for animal testing required by state or federal law, if no suitable alternatives exist.

Currently, the FDA has no animal testing requirements for cosmetic and personal care products.

Who supports it?

Over 100 cosmetic and personal care companies endorsed The California Cruelty-Free Cosmetics Act, including heavyweights like John Paul Mitchell Systems and Lush Cosmetics. 

“We’re hopeful this law will encourage the federal government to pass the Humane Cosmetics Act”

Vicki Katrinak
U.S. Humane Society

The bill also garnered attention and support from celebrities like vegan cookbook author and actress Alicia Silverstone, musician Sia, basketball player John Salley, actress Maggie Q, actress Emily Deschanel, actress and activist Alyssa Milano, and many more.

Animal rights advocates and supporters are excited about the bill and its potential ramifications on both a national and international level. The Physicians Committee for Responsible Medicine and Social Compassion in Legislation co-sponsored the bill, and were later joined in supporting the bill by the Humane Society of the United States.

“We’re hopeful this law will encourage the federal government to pass the Humane Cosmetics Act,” Vicki Katrinak, of the Humane Society of the United States, told the Huffington Post in an interview. “It gives greater impetus for industry to push for changes in other countries.”

Now that it’s law, now what?

The Personal Care Products Council released a statement about the California Cruelty-Free Cosmetics Act:

When advocating for this legislation that advances animal welfare without sacrificing jobs and public health, PCPC was joined by a broad coalition, which included the United Food and Commercial Workers, California Retailers Association, California Chamber of Commerce, California Teamsters Public Affairs Council, California Manufacturers and Technology Association, the Congress of California Senators, and the California Life Sciences Association, among many others.

Governor Brown’s signature on the final version of the Act will have, according to its sponsors and backers, effects such as:

  • Keeping existing products on California’s shelves by applying the law only to new products and ingredients that come to market after January 1, 2020.
  • Protecting public health by making select exemptions for products that undergo animal testing mandated by the U.S. Food and Drug Administration or other regulators.
  • Holding personal care products manufacturers accountable for ensuring animal testing is not performed by their direct suppliers.
  • Allowing California companies to continue operating in international markets.
  • Protecting 415,000 California jobs in the personal care products industry.
  • Allowing Californians to continue using the personal care products they rely on every day.