Industry Should Seek Guidance, Supply-Chain Checks For California Cruelty-Free Compliance
This article was originally published in The Rose Sheet
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.
You may also be interested in...
Regulatory changes under consideration could bring Chinese cosmetics requirements more in line with global standards, but others could complicate matters for companies that have avoided animal testing via cross-border e-commerce. While much remains hazy, it's clear that industry would benefit from China's increased openness to alternative tests to substantiate cosmetic safety.
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.
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.