End of animal testing with conditions and exceptions
Thanks to the new regulation, international companies promoting so-called "cruelty-free" products will now be able to access the Chinese cosmetics market under more favourable conditions and in line with their values.
The new Chinese Cosmetic Regulations (CSAR), however, has put in place two conditions for accessing the animal testing exemption:
- Manufacturers must have a certificate of Good Manufacturing Practice (GMP) issued by the competent authority of the country where they are located
- The results of the safety assessment can confirm the safety of the products
The first condition may be an obstacle for some companies, as they may not be able to submit the certificate due to differences between local regulations for cosmetics and production quality standards for the Chinese market.
However, France is the first country in the European Union to be able to issue this certificate thanks to the mobilisation of French cosmetics companies and health authorities. In January, the French National Agency for the Safety of Medicines and Health Products (ANSM), announced that it would issue GMP certificates to manufacturers and has already launched an online platform to allow them to obtain said certificates.
Also, it should be noted that the exemption from animal testing remains excluded in the following cases:
- The products are intended for use by infants or children
- The products contain a new cosmetic ingredient and are therefore part of the 3-year mandatory monitoring programme for new ingredients
- The notifier/manufacturer is subject to an enhanced surveillance procedure according to the results of the quantitative scoring system established by the NMPA
A step forward for European businesses
After two rounds of public consultation, on 4th March 2021, the Chinese NMPA finalised the two regulations on registration and notification dossiers for cosmetics and new cosmetic ingredients renamed "Provisions for Management of Cosmetic Registration and Notification Dossiers". This regulation allows the exemption of general cosmetics from animal testing.
General cosmetics are defined by the Cosmetic Supervision and Administration Regulations (CSAR) as any cosmetic product that is not considered a special purpose cosmetic. This includes all cosmetics except hair dyes, perming products, freckle removal and bleaching products, sunscreens, hair loss products and cosmetics claiming a new efficacy.
Chinese regulations on animal testing are evolving. As a matter of fact, general cosmetics manufactured on Chinese soil were no longer tested on animals before being put on the market. However, all imported cosmetic products were tested on animals by the Chinese authorities before being marketed.
Thus, foreign brands, which no longer tested their products on animals, still had to have their cosmetics tested in order to be sold in China.
It is important to remember that, since 2009, the EU has completely banned animal testing for cosmetic products. Companies are developing alternatives to animal testing to verify the safety of cosmetics before they enter the market.
In particular, there are more than 200 alternative methods to animal research validated by the OECD (Organisation for Economic Cooperation and Development).
This new regulation marks a turning point for the Chinese cosmetics market and will allow French cosmetics companies to export more smoothly and quickly.
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