purpose of evaluating the safety or efficacy of a cosmetic product or a cosmetic ingredient or non-functional constituent for use in a cosmetic product. (3) Label The term label has the meaning given such term in section 201(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(k) ). (4) Non-functional constituent The term non-functional constituent means any incidental ingredient as defined in section 701.3(1) of title 21, Code of Federal Regulations, on the date of enactment of this section. (5) Secretary The term Secretary means the Secretary of Health and Human Services. (k) Consumer information related to animal testing (1) In general A cosmetic product manufacturer shall not include on the label of a cosmetic product or any of the product's containers or wrappers a claim that such cosmetic product was not tested on animals, including any claim or logo of cruelty free if— (A) such cosmetic product or any ingredient or non-functional constituent contained in such cosmetic product was tested on an animal after the effective date specified in subsection (a)