The situation now:
- ANIMAL TESTING FOR COSMETICS IS NOT REQUIRED BY LAW.
A substance needs to be proved safe for use by law, but it is not mandatory to use animals to prove this - Animal- testing of both cosmetics ingredients and finished products is banned in the UK (since 1997), albeit as a matter of government policy rather than legislation
- A finished products ban has been in place in the EU since 11 September 2004. Ingredients can continue to be animal-tested in the EU until 11 Mar 2009. However, if a validated non-animal alternative testing method exists, the animal equivalent cannot be used- see below. The latest EU stats indicated that a total of 5571 animals were used for cosmetics testing in 2005 in France and Spain
- In any event, it follows that:
- The finished product ban does not prevent the sale of products animal-tested in the EU prior to 11 September 2004;
- The ingredients ban does not prevent the use of ingredients animal-tested in the EU before an alternative was validated; and
- Neither ban applies where the animal-testing was carried out outside the EU. Therefore, the current situation on store shelves is that it is inevitable that most name brands contain animal-tested ingredients
- Even where non-animal testing claims are made, unless a company signs up to the HCS and adopts and rigorously polices a ‘fixed cut-off date’ (FCOD) it is impossible to tell whether a claim carries much meaning. Adopting an FCOD means that a company will not use ingredients animal-tested anywhere along its supply chain after a particular date of its choosing for any of its cosmetic products. As we already know the high profile brands openly use new, animal-tested ‘innovative’ ingredients Corporate websites make various claims about only performing animal testing when required by law, keeping animal testing to a minimum and maintaining strict conditions for animal welfare
- There are some companies who aren’t signed up to the HCS but do claim to operate an FCOD. The very last thing we wish to do is promote any negativity about these companies, but again, until they sign up to the HCS and the independent audit it requires, it would be impossible to know how this FCOD is being maintained and how often they are checking on their suppliers and being notified of changes to ingredients etc. Some companies, for example have an FCOD but then claim that they cannot sign up to the HCS as they do not have enough resource to police it. This obviously leads to doubts about the strength of their SMS (supplier monitoring system)
The situation from 11 Mar 2009:
- On this date, the 7th amendment to the Cosmetics Directive brings into force two bans. From 11 March 2009 it becomes illegal to:
test cosmetic ingredients on animals anywhere in the EU, irrespective of whether there is a validated alternative - Sell or import into the EU, any animal tested ingredients to be used in cosmetics* or finished products (the sales or ‘marketing’ ban)
- *There are however, three types of animal tests which are exempt from the sales or ‘marketing’ ban. This is because there is an extended deadline (until 11 Mar 2013 at the latest) to allow alternative testing methods to be validated. The three types of test are:
Repeat dose toxicity - the substance is tested for adverse effects of repeated exposure to that substance
Reproductive toxicity - the substance is tested for adverse effects on the reproductive system/organs, fertility and gestation
Toxicokinetics - the substance is tested for adverse effects of ADME (Absorption, Distribution, Metabolism, Excretion) throughout the body. - In addition, either of the bans can be disapplied by the Commission where serious safety concerns are raised regarding an existing cosmetic ingredient in wide use, where there is no substitute ingredient which can perform a similar function and a detailed justification is provided for an animal test.
- Note that the cosmetics directive takes precedence over REACH
The situation from 11 Mar 2013:
- On this date, all of the above three exemptions reach their extended deadline, irrespective of the alternative testing methods in place. However, the Commission retains the limited power referred to above to disapply a ban in relation to a particular ingredient
- It is also important to remember that, even after this deadline, there will still be animal tested cosmetic products/ingredients on sale within the EU (i. e animal tested prior to the various deadlines). This is why the Humane Cosmetics Standard will remain relevant for many years to come
