CRUELTY-FREE: What You Need to Know

Cruelty-free products have been gaining a lot of popularity and momentum in the last 20+ years as consumers have become more eco-conscious, seeking products that are environmentally and animal friendly. Along with this growing trend, numerous advocacy groups have been created and laws enacted, both within the U.S. and around the world.

In 1996, animal protection groups formed the Coalition for Consumer Information on Cosmetics (CCIC), with the goal to end animal testing, abuse, and mistreatment worldwide. The CCIC manages the Leaping Bunny cruelty-free certification program in the United States and Canada and partners with animal rights groups in Europe. In 1998, the UK banned animal testing for cosmetic products and ingredients.[1] In 2000, Interagency Coordination Committee on the Validation of Alternative Methods (ICCVAM) Authorization Act was signed in the U.S. This law established alternative test methods to animals and was a coordinated effort by U.S. agencies. In 2002, California became the first state to pass a law requiring companies to use alternatives validated by ICCVAM. New Jersey and New York followed. In 2013, the EU banned animal testing on cosmetic products.[2] As of today, 30 countries have phased out animal testing - including India, Israel, Switzerland, Norway and every country in the EU. Stateside, although the U.S. does not presently ban animal testing, they do not require it. This growing cruelty-free movement has helped create a bustling niche market, in which increasing amounts of companies are prioritizing natural, organic, and cruelty-free products.

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What Does Cruelty-Free Mean?

There is no legal definition of cruelty-free governed by the U.S Dept of Health and Human Services, which is mainly concerned with assuring that products are safe and properly labelled. The FDA follows laws and regulations concerning animal testing including the Animal Welfare Act, Public Health Service Policy of Humane Care and Use of Laboratory Animals, etc.

The CCIC defines cruelty-free as “NO animal testing or NO animal experimentation used at any point during the manufacturing of a product including fish, amphibians, reptiles, birds and non-human mammals.”[3] PETA defines cruelty-free as “a company must agree that it does not and will not conduct, commission pay for, or allow tests on animals for any of their ingredients, formulations, and products, anywhere in the world.”[4]

What is the Difference Between Using a Bunny Logo and

Using the Claim “Not Tested on Animals”?

Due to the demand of environmentally and animal friendly products, there are unethical sellers who use false claims on their labels in order to attract consumers. The Leaping Bunny logo represents the guarantee to consumers that the product is free of animal testing by the CCIC. The logo is also the internationally recognized standard of cruelty-free.[5] Meanwhile, PETA’s Beauty Without Bunnies Program also uses its own bunny logo, is U.S. based, and its’ requirements are less strict than the Leaping Bunny program.”

Using the more general claim of “Not Tested on Animals” can lead to incongruous results. Products that are labeled and claim to be “not tested on animals” or “cruelty-free” can mean one or many different things, including:

1. The product is not currently being tested on animals (but may be using raw materials that were tested on animals years ago), OR

2. The ingredients were tested on animals, but the final product has not, OR

Animal testing was done in another country where laws related to animal testing are less strict than the U.S. (i.e. China). [6]

Why Does it Matter?

It’s the right thing to do, it’s ethical, and there is a ever-growing demand.

In the U.S., Google-searches for vegan skincare have grown by 83% year after year.[7] A substantial and growing number of American consumers oppose testing products on animals.[8] Indeed, in the beauty aisle, “not tested on animals” is the most important packaging claim for consumers, according to studies.[9] According to the CCIC, 65% of respondents in a 2011 poll indicated they are more trusting of independent third party “certifiable” logos when it comes to finding accurate cruelty-free claims.[10]

As a result, a niche market of consumer brands has been created for products that do not use animal ingredients and ensure product safety without animal testing, for example: Burt’s Bees, Avalon Organics, and EO products, to name a few. This growing market follows a solid trend in the beauty industry, where natural and organic beauty products have reported a 24% compound annual sales growth rate over a four year period - greatly outpacing the 2.7% growth in the overall industry.[11]

How to Get Permission to Use Cruelty-Free Bunny Logo?

Apply through accredited private organizations, such as Cruelty Free International/Leaping Bunny Program (international) or PETA’s Beauty without Bunnies program (U.S. based).

Do I Need an Attorney?

An attorney is not required in order to go through the application process to qualify for cruelty-free and/or to buy/use the bunny logo. However, we highly recommend you consult an attorney to avoid unlawful misrepresentations, public relations disasters or potential lawsuits. Please feel free to contact Law Unboxed with any further questions/concerns and we would be happy to assist!

Disclaimer: This article may constitute attorney advertising and is provided for informational purposes only. This article does not constitute legal advice nor does it form an attorney-client relationship. Specifically, this article does not address all potential situations and is in no way intended to apply to your particular situation. Qualified counsel in your jurisdiction should be consulted for your specific concerns and/or needs. If you want more information, please contact Law Unboxed with any questions!

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[1] “Timeline: Cosmetics Testing on Animals.” The Humane Society of the United States, http://www.humanesociety.org/issues/cosmetic_testing/timelines/timeline-cosmetics-testing-on-animals.html

[2] Ibid

[3] “The Corporate Standard of Compassion For Animals (“The Standard”).” Leaping Bunny Program, http://www.leapingbunny.org/about/the-standard

[4]“L’Oreal Is Included On PETA’s “do test” List. What Does That Mean?.” PETA, https://www.peta.org/about-peta/faq/is-loreal-cruelty-free/

[5] Ibid

[6] “Cruelty-Free Labeling”. MSPCA, https://www.mspca.org/animal_protection/cruelty-free-labeling/

[7] Chiorando, Maria. “Online Network To Help Retailers Meet ‘Growing Demand’ For Cruelty-Free Beauty Products.” Plant Based News. January 15, 2018. https://www.plantbasednews.org/post/growing-demand-cruelty-free-beauty-products

[8] “More than a Makeup Trend: New Survey Shows 72 Percent of Americans Oppose Testing Cosmetics Products on Animals.” Physicians Committee for Responsible Medicine. Autumn 2011. https://www.pcrm.org/research/animaltestalt/cosmetics/americans-oppose-testing-cosmetics-on-animals

[9] Russo, James. “Package This: Beauty Consumers Favor ‘Cruelty Free’ and ‘Natural’ Product Claims”. The Nielsen Company (U.S.). March 24, 2015. http://www.nielsen.com/us/en/insights/news/2015/package-this-beauty-consumers-favor-cruelty-free-and-natural-product-claims.html (57% of those polled indicated “not tested on animals” most important packaging claim, and 43% indicated willingness to pay more for products labelled as “not tested on animals)

[10] “The Leaping Bunny Logo.” Leaping Bunny Program. http://www.leapingbunny.org/content/leaping-bunny-logo

[11] Russo, supra footnote 9.