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EU: European Court of Justice to rule on use of non-EU animal cosmetics testing data

Although animal tests for cosmetic ingredients have been banned in the European Union (EU) since March 2013 (Regula­tion (EC) No 1223/2009), they are required for safety testing of cosmetics in other countries outside of the EU. As there are currently no validated methods to replace a number of safety tests required for cosmetic ingredients to be marketed in the EU, no new ingredients developed and registered purely for cosmetic purposes can be introduced to the European market at the present time.


In 2013 the European Federation for Cosmetic Ingredients (EFfCI) called on the High Court in London to clarify whether data gained from in vivo tests that are legal and required for the authorization of cosmetic ingredients in countries outside the EU can be used for authorization of new cosmetic ingredients in the EU. The High Court has now referred the judicial review put forward by EFfCI to the European Court of Justice (ECJ).


If the ECJ rules that data from non-EU cosmetic tests can be used in the EU, this would effectively render the ban in the EU useless as all required data could be attained by in vivo tests performed in non-EU countries.

This scenario is not covered in the ECHA Fact Sheet on the relationship between the Cosmetics Regulation and REACH discussed above in the ALTEX News.




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