BUAV: European Commission accused of weakening cosmetic animal testing marketing ban

Friday, 6 August 2010 12:00 AM

The ECEAE (European Coalition to End Animal Experiments), of which the BUAV is the UK member, has accused the European Commission (EC) of acting unlawfully by attempting to weaken legislation introduced to bring an end to the controversial testing and marketing of animal tested cosmetics within the EU.

In 2003, following many years of campaigning led by the BUAV and ECEAE, the European Union introduced a number of animal test bans for cosmetics under the 7th amendment to the Cosmetics Directive. This was a huge step forward for animal welfare in the EU and received widespread political and public support.

The Cosmetics Directive included an unqualified ban on animal testing for cosmetics in the EU which came into force in March 2009. It also included a marketing ban on the sale and import into the EU of cosmetics tested on animals outside the EU. This too came into force in March 2009 although an exception was agreed for three tests - repeated-dose, toxicokinetics and reproductive toxicity.

For these tests, the deadline was initially set at March 2013, although this can be extended even further if these tests do not meet non-animal alternative availability criteria. In the past few months, the EC has organised a series of working groups to prepare a report on the status of the availability of non-animal alternatives methods. This report forms the basis for the public consultation launched on the 23rd July.

However, the EC appears to be attempting to weaken the Directive by having inexplicably included two additional animal tests - skin sensitization and carcinogenicity tests - which were not included in the marketing ban exception and which now have to meet the non-animal alternative before the marketing ban is implemented. The relevant working group's findings suggest that replacement methods will not be available until 2017-2019 for skin-sensitisation ; for carcinogenicity the working group is unable to say when they will be available.

The Cosmetics Directive is, however, clear and the ECEAE has received strong legal advice. For skin sensitization and carcinogenicity, both the testing and import bans are unqualified and came into effect in March 2009, with no facility to extend that deadline. Whether particular scientists believe there are suitable alternatives is irrelevant.

As far as repeated-dose, toxicokinetics and reproductive toxicity are concerned, the ECEAE believes that the assessments of the working groups are scientifically ultra conservative and, lack understanding of the creative potential of non-animal methods.

The European public wants a clear, immovable line drawn in the sand with regard to animal-tested cosmetics. The ECEAE will be scrutinising the reports very closely.

ECEAE Chief Executive, Michelle Thew states:

"This move will be extremely disappointing to citizens across the EU who support this ban. The European Commission appears to be extending the goal post by including additional animal tests that need to pass the non-animal alternatives test. The ECEAE is concerned about this unlawful attempt to weaken the Cosmetics Directive. The marketing bans for skin sensitization and carcinogenicity tests were not conditional on non-animal alternatives being available. This was a directive based primarily on ethics, not science."

ENDS

For further information contact:
Fleur Dawes at fleur.dawes@buav.org or + 44 (0) 207 700 4888 and out of hours on + 44 (0)7850 510 955

NOTES:

For more information on the consultation please follow this link: Consultation

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