California’s Cruelty-Free Cosmetics Act Makes New Ingredients Officially Endangered
This article was originally published in The Rose Sheet
It’s debatable the extent to which SB 1249, now headed to the governor’s desk, will improve animals’ lot, but cosmetic ingredient innovation is almost certain to suffer. Industry could escalate efforts behind alternative methods development, or there’s another possible solution: federal preemption.
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Morgan Lewis partner Kathleen Sanzo discusses California’s Cruelty-Free Cosmetics Act, signed into law in late September. Companies should begin establishing compliance programs and supply chain controls and request guidance from California authorities on interpreting the law’s exemptions, she says.
California’s passage of the Cruelty-Free Cosmetics Act could trigger a state-level domino effect leading to a federal ban, according to Cruelty Free International’s North America Campaign Manager Monica Engebretson. Meanwhile, the NGO will continue to push for a global ban through the United Nations.
The Cruelty-Free Cosmetics Act, passed Aug. 31, conceivably could give rise to consumer suits alleging violation of California’s Unfair Competition Law due to companies’ alleged use of prohibited animal testing to develop cosmetic products or substantiate their safety. Regardless, claiming exemptions under SB 1249 promises to be risky business with limited rewards.