Failed communication on cosmetics message
In spite of changes to legislation across Europe it appears that many consumers are still unaware that cosmetic products are no longer tested on animals. The labels ‘not tested on animals’ and ‘cruelty free’ hold a lot of power for many shoppers, who still seek them out before making purchases, even though standardised legislation now bans animal tests on all cosmetic products manufactured in the EU. Here Dr Chris Flower, DirectorGeneral of the Cosmetic, Toiletry and Perfumery Association, sets out the new regulations. The European Cosmetic Products Regulation (the CPR, officially called (EC) No. 1223/2009), was published in December 2009 and is law in the UK. All cosmetic products on the market throughout the EU must comply with all of its provisions. One section covers animal testing and although much has been written on the subject, you could be forgiven if you are not clear because a lot of the information to date has been incorrect or misleading. For example, many people still believe cosmetics are routinely tested on animals and that it is necessary to seek out specific ‘animal friendly’ companies to be sure that the products are ‘cruelty free’, but that is not true. Here are the facts, based on the law.
Testing Bans 1. Testing cosmetic products on animals is illegal both in the UK and throughout the EU. Therefore, none of the cosmetic products you buy in Europe will have been tested on animals (in the EU and since the date the ban came into 4
FRAME News October 2013
effect in September 2004; no such testing has taken place in the UK since 1997). However, it is true that some other countries do allow, and in some cases require, animal testing. The cosmetics industry is fully supportive of all efforts to help those countries abandon animal testing for cosmetics and adopt alternative ways of ensuring product safety. 2. Testing ingredients for cosmetic products on animals is illegal both in the UK and throughout the EU. Therefore, none of the cosmetic products you buy in Europe will contain ingredients tested on animals (in the EU and since the date the ban came into effect in March 2009 if that testing was for the purposes of complying with the CPR). However, many substances used as cosmetic ingredients have other uses and other laws (such as REACh and medicines legislation) may require animal testing of these same substances. That testing would still happen
whether or not the substance is used as an ingredient in cosmetics. Because the EU laws do not apply in other countries, these testing bans only apply to animal tests carried out in the EU. However, this does not leave a loophole whereby someone could test outside of the EU, because additional bans are in place to cover that.
Marketing Bans 3. Marketing (i.e. placing a product on the shelf) cosmetic products that have been tested on animals anywhere in the world in order to comply with the European CPR is
illegal. This ban came into effect in March 2009. 4. Marketing cosmetic products containing ingredients tested on animals anywhere in the world in order to comply with the European CPR is illegal. This ban came into effect in March 2009 except with regard to three complex types of test when the marketing ban for these came into full effect in March 2013. However, as above, many substances used as cosmetic ingredients will be used for other purposes and the laws of other countries regarding those purposes may require animal testing. Most if not all cosmetic products on the market in the EU will contain ingredients that have been tested on animals by someone, somewhere and for some other purpose than for the European CPR.
‘Cruelty free’ Claims The CPR states that it should be possible to claim on a cosmetic product that no animal testing was carried out in relation to its development. However the Commission wants to ensure that any such claims do not mislead the consumer. Some companies apply their own cut-off point before which any animal testing of ingredients is not deemed to be applicable when they claim to be ‘cruelty free’. It must though be acknowledged that they still make use of that information, even indirectly, when deciding their product is safe to market. Additional information is available on the CTPA’s consumer website www.thefactsabout.co.uk where there are sections on the animal testing bans and animal testing myths.