Last month, Cosmetics Europe and the European Commission officially announced that the “Not Tested on Animals” claim is no longer allowed on cosmetics products under EU Cosmetic Products Regulation (EC) N°1223/2009.

The regulation prohibits cosmetics testing on animals in the EU market and any items carrying the claim on product labeling or in company communications will be considered a misleading claim and subject to enforcement action.  The regulation also includes a Common Criteria provision superseding “any diverging national requirements for manufactures and brand owners.” The Common Criteria is designed to protect consumers from misleading claims in six key areas:

  • Legal compliance
  • Truthfulness
  • Evidential support
  • Honesty
  • Fairness
  • Informed decision-making

In an effort to ensure compliance, the European Commission has committed to submitting a report in July 2016 on the use of “Not Tested on Animals” claims based on the Common Criteria provision to the European Parliament and the Council.  If the European Commission concludes that the term is still being used and Member States are not in compliance under the Common Criteria provision they will “take appropriate measures to ensure compliance in cooperation with the Member States.”

Will America Follow

The U.S. House of Representatives is considering H.R. 4148, the Humane Cosmetics Act, “to eliminate the use of inhumane animal testing methods in favor of cost effective testing alternatives to keep the cosmetics industry competitive in a changing global market that increasingly requires non-animal safety tests. It would also ensure that only safe products, tested with cutting edge technology, enter the American market”. However the bill faces obstacles, both from opponents and timing as the bill sponsor Rep. Jim Moran (D-VA) is retiring from Congress, as well as, the end of the 113th Congress. Look for animal testing advocates to increase awareness of a new bill by forming a coalition, securing increased consumer support, and identifying a more aggressive and active bill sponsor.

1938 is the online magazine blog for Well-Kept Beauty, formally entitled Primer.

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