NEWSLETTER

Animal Testing, UK Law Reform, and Product Safety Consultation

Juenelle Muge
August 15, 2023

US Bipartisan Group Reintroduce Humane Cosmetic Act

A bipartisan delegation, led by a group of US congressmen, have reintroduced the Humane Cosmetic Act.

The Humane Cosmetic Act aims to end safety testing of cosmetic products on animals and prohibit the sale of products developed using animal testing.

The reintroduction is led by Representatives Don Beyer, Vern Buchanan, Tony Cardenas, Ken Calvert and Paul Tonko.

Bayer notes:

“Cosmetics testing on animals is cruel, unnecessary and outdated, and Congress should finally put a stop to it...Much of the cosmetics industry has already moved to more scientifically sound methods that do not result in animal cruelty.”

Beyer continues:

“The Humane Cosmetics Act would outlaw an obsolete and inhumane practice without damaging American businesses. I thank my colleagues for supporting the Humane Cosmetics Act, which I hope will receive swift consideration.”

Tonko adds:

“Every year in our nation, thousands of animals suffer due to cosmetic animal testing. This cruel practice continues even as scientific advancements have created viable alternatives that make animal testing unnecessary.”

If passed, the act would lead to a nationwide prohibition, one year after its enactment.  The sale of animal-tested cosmetics are currently banned in California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New York, Oregon and Virginia.

UK Publishes Explanatory Memorandum on Retained EU Law

The Department of Business and Trade has published an explanatory memorandum The Retained EU Law (Revocation and Reform) Act 2023

On 10 May the UK published a list of Retained EU Law to be revoked at the end of 2023. The list includes a number of Retained EU Law that have now become redundant since the UK’s departure from the EU or are burdensome and duplicative of UK statute. The UK government has already revoked or reformed over 1,000 EU laws since our exit.

The memorandum revokes “obsolete and inoperable pieces of legislation”, with the aim of modernising and improving the clarity of UK statute for businesses and consumers.

Revoked legislation can be found in Schedule 2 of the Memorandum.  

GB Updates Endocrine Disruptor Guidance

The Health and Safety Executive (HSE) has updated the GB guidance document: Bridging the endocrine disruptor assessment of biocidal non-active substances with UK and EU REACH screening and assessment.

The guidance is for applicants wishing to place biocidal products on the GB and NI markets. The guidance corresponds with ECHA guidance and incorporates GB requirements.

The update includes:

  • The removal of the requirement for applicants to provide a literature review for non-target organisms
  • The correction to broken links to external websites

The guidance document may be accessed here.

ECHA Public Consultation: Call for Comments

The ECHA has announced a public consultations on the following proposals for harmonised classification and labelling (CLH):

  • 3,4-dimethyl-1H-pyrazol-1-ium dihydrogen phosphate (EC: 424-640-9; CAS: 202842-98-6). Chemical registered under REACH. Health hazard classes open for commenting.
  • 3,4-dimethyl-1H-pyrazole (EC: 429-130-1; CAS: 2820-37-3). Chemical registered under REACH. Health hazard classes open for commenting.
  • 3,5-dimethylpyrazole (EC: 200-657-5; CAS: 67-51-6). Chemical registered under REACH. Health hazard classes open for commenting.
  • ulexite (EC: 296-662-5; CAS: 1319-33-1); colemanite (EC: 296-640-5; 1318-33-8); tincalconite (EC: -; 12045-88-4). Borate minerals. Health hazard class open for commenting.
  • rape oil; rape seed oil (EC: 232-299-0; CAS: 8002-13-9). Pesticide active substance. All hazard classes open for commenting.

Interested UK-based businesses are encouraged to share any relevant information. Scientific and technical information should be submitted to the ECHA by 13 October 2023.

UK Product Safety Review: Consultation

The UK Office of Product Safety and Standards (OPSS) has issued a consultation to improve regulations across the board to reduce burdens on businesses, improve clarity and issue fundamental reform where necessary.

The OPSS has recognised the way we buy and products and the products themselves have gone through huge changes in recent years, internet sales have grown significantly with  26% of all UK retail sales occurring online compared to 8.9% ten years ago. With this in mind, the consultation gives the UK government an opportunity to consider a new regulatory framework, in line with new challenges.

Consultation questions include (not an exhaustive list):

  1. Are there any specific products where action within the current product safety framework could be taken to reduce business burden, encourage innovation and/or increase consumer choice without compromising safety?
  2. Do you agree that we should examine options for a framework where regulatory requirements are more closely linked to the risks of the product in question?
  3. What role should standards and testing requirements play in supporting businesses to comply with the new approach?
  4. What types and areas of guidance would most likely help you understand your requirements under any new framework? Please provide reasoning to support your
  5. Whilst anticipated costs and benefits would depend on the design of a new framework, what type of costs, quantified, if possible, would you anticipate in understanding a new framework?
  6. Do you support the development of guidance to assist businesses in carrying out pre-market risk assessment?
  7. Are there any other mitigations we need to consider as we look to introduce voluntary e-labelling to devices with screens or designed for use with screens?
  8. Are there other labelling requirements to which you consider that voluntary e-labelling could be expanded in future (to further types of statutory labelling requirements/additional product areas and/or to permit the use of QR codes)?
  9. .Do you agree with the proposal to have a single point of contact for product safety recalls?

Interested parties are invited to submit comments and responses until 24 October 2023.

Respond online at: https://ditresearch.eu.qualtrics.com/jfe/form/SV_6LuebUDZSAolJdk

Email to: productsafetyreview@beis.gov.uk

SCCS Preliminary Opinion on Benzyl Salicylate Published

The Scientific Committee on Consumer Safety (SCCS) have published a preliminary opinion on the safety of benzyl salicylate.

Benzyl Salicylate (CAS No. 118-58-1, EC No. 204-262-9) with the chemical name ‘2-hydroxybenzoic acid phenylmethyl ester’ is produced naturally in a variety of plants and plant

extracts. Benzyl Salicylate is typically used as a fragrance ingredient, with a fragrant or perfuming function in a range of manufactured goods including cosmetics, household goods and medicines.

Based on the data provided and assessed and taking under consideration the concerns related to potential endocrine disrupting properties, the SCCS considers Benzyl Salicylate safe when used up to the following the maximum concentrations in the finished product.

  • In hydroalcoholic-based fragrances (spray and non-spray): 4%
  • In rinse-off skin & hair products (except rinse off body products): 0.5%
  • In rinse off body products: 1.3%
  • In leave on skin & hair products (non-spray/non-aerosol)(except body lotion): 0.5%
  • In leave on hair products (spray/aerosol): 0.5%
  • In leave on body products (non-spray/spray/aerosol): 0.7%
  • In face make-up products and make-up remover: 0.2%
  • In oral care products: 0.004%
  • In deodorant products (spray/aerosol): 0.91%

The SCCS concludes the available data on Benzyl Salicylate provide some indications for an endocrine mode of action, but there is no evidence that this results in potential endocrine effects.

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