The EU’s Leading Role: Animal Testing Bans with Ethical and Legal Nuances

The EU has been a global leader in banning animal testing for cosmetics. The Cosmetics Regulation (EC) No 1223/2009 introduced:

• A testing ban: Animal testing on finished cosmetic products has been banned since September 2004, and testing on ingredients has been banned since March 2009.

• A marketing ban: The sale of cosmetics tested on animals, including both finished products and ingredients, has been prohibited since March 2013, even if the testing took place outside the EU.

However, despite these bans, testing is still allowed through the REACH Regulation, which governs the safety of chemicals across all industries, not just cosmetics. Under REACH, companies may still be required to conduct animal tests on cosmetic ingredients when no alternative methods are available, especially to assess worker exposure and environmental risks during production.

One case that has garnered significant attention is Symrise AG. In late 2023, Symrise was required by the European Chemicals Agency (ECHA) to perform animal testing on an ingredient used exclusively in cosmetics. Despite the ingredient being compliant with the EU Cosmetics Regulation, the broader REACH framework allowed for testing due to concerns about its broader environmental and health impacts. This incident highlights the ongoing tension between the Cosmetics Regulation’s testing ban and the broader safety requirements under REACH, raising ethical questions about when and how animal testing should be permitted.

The Future of Animal Testing in the EU: The Roadmap to Phase It Out

In response to growing public concern and legal debates, the European Commission has taken steps to address the future of animal testing in the EU. The Commission has launched a call for contributions on a new roadmap to phase out animal testing entirely for chemical safety assessments, with a deadline of 15 October 2024. This roadmap aims to define both legislative and non-legislative actions that will help to reduce and eventually eliminate the use of animal testing across all chemical regulations, including REACH.

This initiative follows a series of workshops and public consultations, signaling the EU’s commitment to finding alternatives to animal testing. While New Approach Methodologies (NAMs) are being developed and promoted, they are not yet fully integrated into regulatory practices, leaving a gap in the transition away from animal-based methods. The Commission’s roadmap will be crucial in setting concrete steps to facilitate this transition.

The UK’s Stricter Stance: No More Licenses for Animal Testing on Cosmetic Ingredients

The UK, having been one of the first countries to ban animal testing for cosmetics in 1998, recently took further action to tighten its regulations. While animal testing for consumer safety in cosmetics has been banned for decades, the UK Government announced in 2024 that no new licenses will be granted for animal testing on chemicals exclusively intended for use in cosmetics, even under REACH-like conditions.

This announcement came in response to growing public concern about the ethical implications of animal testing for cosmetic ingredients. Between 2019 and 2022, a small number of time-limited licenses had been issued for testing cosmetic ingredients under the REACH framework, which is designed to protect worker and environmental safety. However, the government now recognizes the opportunity to depart from the EU’s testing regime.

Key points from the UK’s new policy:

• Immediate licensing ban on animal testing for chemicals used exclusively in cosmetics.

• A commitment to finding non-animal alternatives for testing chemicals for worker and environmental safety.

• Ongoing review of legacy licenses and the legal framework for the longer-term administration of the ban.

The UK Government is confident that modern alternatives, such as New Approach Methodologies (NAMs), can offer effective non-animal testing strategies without compromising safety. By working with the science industry, the government aims to enhance both safety standards and animal welfare through these modern scientific advances.

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The Road Ahead for Animal Testing in Cosmetics

Despite the bans, both the EU and UK are grappling with the challenge of completely eliminating animal testing in the context of broader chemical safety regulations. The European Commission’s workshops, including the second session scheduled for October 2024, are part of a larger roadmap to phase out animal testing altogether, even under REACH.

However, the process is not simple. While New Approach Methodologies (NAMs)—non-animal testing methods—offer promise, their acceptance in regulatory frameworks is still a work in progress. The challenge remains ensuring human safety while aligning with the growing consumer demand for cruelty-free products.

Conclusion

The animal testing bans in the EU and UK remain some of the most advanced globally, but the regulatory landscape is evolving. The recent legal developments, especially concerning the intersection between CPR and REACH, highlight the ongoing need for clarification and adaptation. Moving forward, the push towards non-animal testing alternatives will define the future of cosmetics safety assessments in both regions, balancing ethical considerations and regulatory compliance.

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