Washington State Implements Stricter Regulations Prohibiting Cosmetic Animal Testing

On March 15, 2024, Bill ESHB 1097, ‘An act relating to the sale of cosmetics tested on animals’, was signed into law in Washington State. It will take effect on January 1, 2025. The legislation prohibits manufacturers from selling or offering for sale in Washington any cosmetic product that has been developed or manufactured through cosmetic animal testing, whether conducted directly or contracted for by the manufacturer or its supplier.

Exceptions:

Manufacturers may market a cosmetic that has undergone cosmetic animal testing, either conducted by the manufacturer or on its behalf, under the following conditions:

• If the testing is carried out outside the United States to adhere to the regulations of a foreign regulatory authority, provided that the results of such testing were not used to confirm the safety of the cosmetic ingredient or product sold by a manufacturer in Washington.
• If the testing is conducted for a cosmetic or cosmetic ingredient subject to regulation under applicable portions of the Federal Food, Drug, and Cosmetic Act (FDCA).

• If the testing is performed on a cosmetic ingredient intended for non-cosmetic applications and conducted under the regulation of federal, state, or foreign authorities, provided that the results of the testing are not used to validate the safety of a cosmetic sold in Washington, except in cases where:
  • There is documented evidence of the non-cosmetic intent of the test.
  • There is a history of non-cosmetic use of the ingredient for at least 12 months prior to reliance.

• Where the testing is requested, mandated, or carried out by a federal or state regulatory authority, provided that the following additional criteria are met:
  • There is no non-animal alternative method or strategy recognized by any federal or state agency or organization.
  • The cosmetic ingredient or non-functional constituent poses a risk of causing a specific human health problem that is substantiated and the need for animal testing is justified and supported by a detailed research protocol; and
  • The cosmetic ingredient is in widespread use and cannot be replaced by another cosmetic ingredient that can perform a similar function.

The restriction on the sale of cosmetics developed or manufactured through cosmetic animal testing organized by the manufacturer, or its supplier will be waived under two conditions:

• If a cosmetic or its ingredient was tested on animals before January 1, 2025, and no additional testing was performed after that date, and
• if a cosmetic manufacturer reviews, evaluates, or retains evidence of cosmetic animal testing.

Enforcement:

Manufacturers in violation of these regulations commit a civil violation, punishable by a fine of up to $5,000 for each violation. Washington State will be the twelfth on the growing list of U.S. states banning animal testing for cosmetics. The others are California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New York, Oregon and Virginia. 42 other countries have banned cosmetic testing on animals, including the European Union.