Washington State to Ban Animal Testing for Cosmetics

On March 15, 2024, the Governor of Washington State signed HB 1097 into law, prohibiting the sale of cosmetics within the state whose development and manufacture involves animal testing. The legislation is set to take effect on January 1, 2025, with violators facing fines of up to $5,000 per violation.

Exceptions to the Ban

The new law includes provisions that allow for exemptions in certain cases. Cosmetic products and ingredients that have undergone or will undergo animal testing prior to January 1, 2025, are exempted from the sale ban, provided that no new animal testing occurs after January 1, 2025, even if they are manufactured on or after January 1, 2025.

In addition, there are four exceptions with respect to cosmetic animal testing, where manufacturers can still market cosmetics that have been tested on animals if

1. The animal testing is conducted outside the U.S. to comply with foreign regulatory requirements, and no data from such testing is used to substantiate the safety of cosmetic products.

2. The animal testing is conducted for a cosmetic or cosmetic ingredient subject to 21 U.S. Code Subchapter 351 et seq. of the Federal Food, Drug and Cosmetic Act.

3. The animal testing is conducted on a cosmetic ingredient intended for non-cosmetic purposes and required by a federal, State, or foreign regulatory authority.

4. The animal testing is required by a federal or State regulatory authority and:

• There is no non-animal alternative method or strategy accepted by a federal or state regulatory authority; and

• The ingredient is associated with a specific human health problem, and there is a research protocol to prove that animal testing is necessary; and

• The ingredient subject to animal testing is in wide use, and there is no substitute.

Progress of Cosmetic Animal Testing Ban in the U.S.

Washington now becomes the 12th U.S. state to end cosmetic animal testing, following similar legislation being adopted in California, Nevada, Illinois, Hawaii, Maryland, Maine, New Jersey, Virginia, Louisiana, etc. Companies intending to sell cosmetics in these states must already adopt non-animal testing methods for their products and ingredients.

44 countries and regions worldwide, including the United Kingdom, India, Israel, Australia, and the European Union, have prohibited new animal testing for cosmetics. For further details on global cosmetic animal testing regulations, please refer to ChemLinked's webinar: 2022 Global Cosmetic Animal Testing Regulation Updates Recap.