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 European Legislation and Cosmetics Animal Testing

2009 marks a momentous move closer to ending animal testing of cosmetics

In March 2009, legislation comes into effect, introducing a total ban on animal testing of cosmetics and cosmetic ingredients throughout Europe. While a marketing ban will apply to products containing animal tested ingredients coming into the EU from elsewhere in the world, in cases where non-animal alternatives are available.

However, a total ban on animal testing of cosmetics only comes into effect in March 2013, and until then animals outside of Europe will continue to be used in repeated-dose toxicity, reproductive toxicity and toxicokinetics for which non-animal alternatives are not yet available.

In 2003, the EU agreed legislation to end the testing of cosmetics and their ingredients on animals. Unlike previous legislation, the 7th Amendment to the Cosmetics Directive requires a total ban on the testing of cosmetics on animals from 2013 whether or not non-animal alternatives are available.

Undoubtedly this has provided an added impetus to the search for non-animal alternatives. The tests listed below no longer use animals. 

  • Skin Corrosion Two tests were adopted in 2000, both replace the previous animal tests.

  • Phototoxicity The In vitro 3T3 NRU Phototoxicity Test was also adopted in 2000, it replaces the previous animal tests.

  • Skin absorption The In vitro Skin Absorption Test was adopted in 2008, to replace the previous animal test.

Undoubtedly non-animal alternatives such as the 3 listed above are the way forward.

It’s essential that companies who haven’t as yet become involved in efforts to find non-animal alternatives, support research into alternatives and participate in the process of validation, to quicken the adoption of newly developed non-animal alternatives.

European Cosmetics Directive 7th Amendment

Successive attempts to ban cosmetics testing on animals have floundered under pressure and lobbying by the cosmetic industry. Indeed the 7th Amendment to the Cosmetics Directive, which will ban animal testing of cosmetics throughout Europe from March 2013, met fierce opposition from some sectors of the cosmetics industry: and even a legal challenge from a consortium of European cosmetics ingredients companies that was presented, and ultimately overruled by the European Court of Justice in 2003.

The key strengths of the 7th amendment to the Cosmetics Directive include:

  • A phased ban on animal testing of cosmetics to come into effect from 2009, for tests where non-animal alternatives exist.
  • A total ban on animal testing of cosmetics, to come into effect from 2013, whether or not non-animal alternatives are available.
  • From 2009, a marketing ban will apply to products coming into the EU from elsewhere in the world.
  • The 7th amendment clearly states, that it is the responsibility of the company to monitor the supply chain and ensure, no ingredients are used, which have been tested on animals.

It is to the credit of the MEPs who strove to maintain the efficacy of the 7th Amendment to the Cosmetics Directive, previous efforts to ban animal testing in the EU, have been diluted by the inclusion of a clause, which states the ban on cosmetics testing on animals will come into effect “only if alternatives have been developed.” This time, hopefully, there is an end in sight to the misuse of animals in cosmetics testing.

 

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