Symrise, the German fragrance and flavors supplier, has lost its appeal against the European Chemicals Agency (ECHA) decision that mandates animal testing on cosmetics ingredients.
It is stated that the ruling by the European Court of Justice’s General Court specifically requires animal testing on two previously approved ingredients used exclusively in sunscreens: UV filter homosalate and 2-ethylhexyl salicylate.
This decision has raised concerns among animal rights organizations, with NGO Cruelty Free International (CFI) stating that it renders the bans on animal testing for cosmetics in the European Union and the United Kingdom virtually meaningless. The bans, which were put into effect in March 2013 under the EU Cosmetics Regulation, aim to prevent the use of ingredients tested on animals anywhere in the world.
However, the court ruling establishes that the testing requirements outlined in the EU’s main chemicals legislation, REACH, enforced by the ECHA, take precedence over the bans on cosmetics animal testing.
The court’s decision acknowledges that under REACH’s Article 25, beauty manufacturers should strive to generate information through alternative means rather than animal testing and resort to such testing only as a last resort. However, the General Court concluded that when no alternatives are available, animal testing must be carried out under REACH. CFI argues that this ruling contradicts the provision in REACH stating that the testing requirements apply “without prejudice” to the cosmetics bans, suggesting that the bans should take precedence.
Emma Grange, Cruelty Free Europe’s director of sciences and regulatory affairs, expressed disappointment and called for transparency from the EU. She emphasized that if the cosmetics testing bans remain ineffective, the EU must acknowledge that they are not as far along the path to phasing out chemicals animal testing as previously believed.
