Exception

Effect

Tests on invertebrate animals

Allows tests on the water flea, the invertebrate typically used in cosmetic tests for ecosystem effects. Affects many cosmetic ingredients, including all made in or imported into the EU in quantities over 1 ton/year.

Tests on sunscreen active ingredients

Allows tests on the 16 FDA-approved active sunscreen ingredients. Likely related to the FDA's proposed new sunscreen regulation requiring new safety data. Zinc oxide and titanium dioxide are less likely to be affected, because the FDA's proposal designates these as Generally Recognized As Safe (GRAS).

Allows tests for health emergencies under US/state regulations

Test is allowed only if all the following are true: A health problem is substantiated; the ingredient is widely used with no available substitute; and no accepted non-animal alternative test exists. Likely, few tests could meet all these criteria, so this likely is not a big issue.

Allows animal tests for foreign regulations; however, the tests can't be used to assess cosmetic safety

Affects many cosmetic ingredients, because the EU now can require animal testing of cosmetic ingredients under its chemicals regulation, called the REACH regulation. Already, at least one hundred cosmetic ingredients have been tested under REACH, and over time, most others probably will be, too. The EU REACH regulation probably is the biggest threat to ending animal testing of cosmetics.

Tests for a non-cosmetic purpose when the ingredient has non-cosmetic uses.

This affects most cosmetic ingredients, most of which have other uses, such as for household products.

A major difference in the language used by some states is significant:

• California, Illinois, Maine, New Jersey & Louisiana exempt such tests (i.e., a cosmetic with such a test can be sold), but they ban use of the test in most cases for assessing cosmetic safety in their states. This promotes the shift to alternatives.
• Nevada, Virginia, Maryland & Hawaii exempt such tests, and they also allow use of such tests to assess cosmetic safety in their states. By allowing use of the test to assess the cosmetic, they give companies no incentive to use non-animal alternatives.