Washington Becomes the Twelfth US State to Ban the Sale of Cosmetic Products Tested on Animals.
The new legislation in Washington was signed into law on March 15th 2024 and will prohibit the sale of cosmetics in the state that have undergone recent animal testing. This measure reflects a growing societal consciousness about the treatment of animals in laboratory settings and will come into effect on January 1st 2025. Washington's animal testing ban aligns with similar laws enacted in several other states, including California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New York, Oregon, and Virginia. These state regulations also closely resemble the provisions outlined in the federal Humane Cosmetics Act.
The legislation includes provisions for specific exemptions. For instance, if testing was conducted outside of the US to meet the requirements of a foreign regulatory body, provided that no data from such testing was used to support the safety claims of the cosmetic product or ingredient sold in Washington. Additionally, exemptions apply if testing was performed for cosmetic items or ingredients regulated under the federal Food, Drug, and Cosmetic Act for adulterated drugs and devices.
Furthermore, cosmetic products and ingredients tested on animals before January 1st 2025, will be exempt from the ban, even if they are manufactured after this date, as long as no new animal testing occurs afterward. Violators of the ban could face fines of up to $5,000 per violation, as stipulated in the bill.
FDA 2023 Testing of Talc-Containing Cosmetic Products Finds No Asbestos.
On April 5th 2024, the US Food and Drug Administration (FDA) announced the findings of its third-party testing of cosmetic talc products for the year 2023. The examination which compromised 50 cosmetic product samples revealed no presence of asbestos, confirming the absence of the harmful substance.
This outcome aligns with previous years' assessments as both the 2022 and 2021 tests, which also encompassed 50 samples each, yielded similar results and demonstrated no asbestos contamination. The products subjected to testing in 2023 included various cosmetic powders such as root touch-up, foundation, bronzing, loose, pressed, and setting powders.
Talc is a naturally occurring mineral sourced from underground deposits, known for its softness and utility in cosmetic products for absorbing moisture, preventing clumping, and enhancing texture. However, talc deposits may coexist with asbestos which is a known carcinogen, prompting the FDA to provide caution in sourcing talc and preventing asbestos contamination in cosmetic products.
Operating under the Federal Food, Drug, and Cosmetic Act (FDCA), the FDA oversees the safety and integrity of cosmetics, encompassing a wide array of products ranging from perfumes to shampoos. The selection and procurement of samples for testing were conducted by the FDA, followed by blind testing through third-party contractor AMA Analytical Services Inc., utilising polarised light microscopy (PLM) and transmission electron microscopy (TEM) techniques. These methodologies were recommended by the FDA's Interagency Working Group on Asbestos in Consumer Products, established in 2018 to develop standardised testing protocols. Criteria for sample selection included product type, price range, social media visibility, marketing demographics, and any reported instances of potential asbestos contamination.
More information on each of the talc-containing cosmetic products tested and the resulting outcome can be found here.
Upcoming Cosmetic Ingredient Restrictions in the UK
On April 10th 2024, the UK Department for Business and Trade officially informed the World Trade Organization (WTO) of a proposed amendment to the UK Cosmetics Regulation (EC) No 1223/2009, which is currently applicable in England, Wales and Scotland. The proposed adjustments are intended to oversee the utilisation of specific chemical substances in cosmetic formulations. The draft regulation will be titled the Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024, with an anticipated publication date of June 25th 2024.
According to the proposed amendments, Kojic Acid is set to be included in Annex III of the UK Cosmetics Regulation, which outlines restricted substances. Its usage will be permitted up to a maximum concentration of 1% in face and hand products. These regulations are scheduled to come into effect on April 20th 2025 for cosmetics entering the UK market, and from August 20th 2025 for their availability.
This follows the release of the final opinion from the Scientific Advisory Group on Chemical Safety in Consumer Products (SAG-CS) which can be found here.
The revised regulation also prohibits 52 substances which have been classified as carcinogenic, mutagenic and reprotoxic (CMR) under the GB Classification, Labelling and Packaging (CLP) Regulation (EC) No 1272/2008. The full list of banned substances is available here.
The purpose of these revisions is to maintain the safety of cosmetic products available on the market by modifying the permitted use of specific chemicals.
Pharmaceutical and Cosmetics Manufacturers Will Have to Pay for Eliminating Micropollutants in Urban Wastewater within the European Union.
On April 10th 2024, the European Union Parliament approved a set of rules that will ensure pharmaceutical and cosmetic sectors cover a greater portion of the expenses that are associated with wastewater cleanup and treatment.
Pharmaceuticals and cosmetics are suggested to be the primary contributors to micropollutants entering wastewater treatment facilities. These rules, which amend existing rules dating back to 1991, significantly reduce the threshold of inhabitants, mandating towns larger than 1000 people to eliminate all biodegradable organic substances from their treated wastewater before discharge into the environment by 2035.
Larger towns exceeding 150,000 inhabitants must achieve this by 2039, additionally removing all nitrogen and phosphorus by this time, and addressing a broad spectrum of micropollutants by 2045, with interim reduction targets. Smaller towns (starting from 10,000 inhabitants) will also be subject to these regulations after 2045, subject to specific conditions. Furthermore, the rules enhance monitoring of various public health parameters, including known viruses and emerging pathogens, chemical contaminants such as per-and polyfluoroalkyl substances (PFAS) substances and microplastics.
Both industries are expected to cover 80% of the additional investments required to mitigate micropollutants, with member states covering the remaining 20%. Initially, the European Commission proposed that the industries bear the entire cost, but this was adjusted to prevent undue financial strain on laboratories, which could indirectly impact medicine prices and inadvertently affect their affordability, accessibility and availability.
