Asia Actively Move Towards Cosmetics without Animal Testing in 2013

The EU’s full ban on selling newly animal tested cosmetics effective from 11 Mar 2013 is a quantum leap in ending animal testing worldwide. The reverberations in the wake of EU’s seismic shift in policy are being felt globally. In 2013, it is encouraging to see the move was actively echoed by many Asian countries, especially Israel, India, China, and Korea, all of which have already adopted or road mapped  more non-animal testing of cosmetics. For instance, from 1 Jan 2013, Israel banned the import, marketing and sale of animal tested cosmetics, following a domestic ban on cosmetics animal testing in place since 2007.

Behind the great progress already achieved is the tireless worldwide promotion of beauty without animal suffering by animal protection groups, such as Humane Society International (HSI), the world’s  campaigner to end animal testing of cosmetics and renowned for the “Be cruelty-free” campaign. Last year, HSI joined forces with Chinese activists to launch the “Be cruelty-free China” campaign, dedicated to promoting non-animal testing (CL news on 18 Jul 2013) in China.  

In Sep 2013, China Food and Drug Administration (CFDA) initiated the first revision of the cosmetic law and ran a public consultation (CL news on 18 Sep 2013), during which HSI submitted detailed technical proposals to CFDA. Later on 16 Dec, CFDA announced that from 30 Jun 2014 animal testing is no longer mandatory for domestically-produced non-special use cosmetics. Although it is still unknown whether the policy shift will eventually be extended to imported cosmetics, it is a milestone for China on its way to modernize its animal testing policy in alignment with global cruelty-free trends. To avoid animal tests the most feasible options are to either choose to directly establish factories in China or export cosmetic in bulk and have them packaged in China (on the conditions that safety evaluation materials prepared can sufficiently prove the safety of ingredients and finished products).

2014 will see HSI keep open channels of communication with the CFDA and other ministries and hopefully predicate a situation where alternative testing policy can be expanded to encompass both foreign imports and special use cosmetics. In an interview with Troy Seidle, HSI 's Director of Research & Toxicology, I was able to gain some valuable insight on the current status of cosmetics animal testing policies in other Asian countries, including India, South Korea, Japan, Australia, Taiwan and ASEAN Countries .

ChemLinked : Has the Indian government officially banned animal testing on domestic cosmetics and ingredients? What about imported cosmetics? Is India planning to apply the same measure for imported cosmetics in the next year? We knew that India Drugs Technical Advisory Board (IDTAB) has recommended this to the country’s health ministry. The ban on import and sales of cosmetics is really important to prevent companies from outsourcing testing to third countries and importing the animal-tested cosmetics back into the country for sale.

Troy Seidle: India has already banned animal testing on domestic cosmetics and ingredients through revised national guidelines prescribed by the Bureau of Indian Standards (BIS). In addition, the government is currently in the process of amending the Drug and Cosmetics Act to include a domestic testing ban. This formalization of a ban in the Drugs and Cosmetics Act will ensure that the test ban is enshrined within the existing regulatory framework.

India's cosmetics safety testing is a two-pronged method. While the Drugs and Cosmetics Act, 1940 officially regulates it, schedule S of the Act authorizes the BIS to prescribe the guidelines for safety testing of cosmetics. This is done in Standard IS4011:1997. Therefore, the amendment of Standard IS4011:1997 to exclude animal testing would mean that animal testing would be banned from India's testing requirement. However, due to the increasing pressure from HSI India, Members of Parliament, and consumers, the Central Drugs Standard Control Organisation (CDSCO) recommended to the Ministry of Health and Family Welfare (MHFW) an amendment to the Drugs and Cosmetics Rules, 1945 through inclusion of a provision namely Rule 148 C for prohibition of testing of animals for cosmetics.

On 13 Jan 2014, MHFW published the draft of Drug and Cosmetics Rules, 1945 in the National Gazette for public consultation. After a period of 45 days, depending on the comments revived, it will rather be issued or be sent for review to the Ministry (though once such a procedure is done, it is usually likely to be passed). The Rules, renamed as “Drugs and Cosmetics (First Amendment) Rules, 2014”,  has been added with the provision “148-C”, saying “prohibition of testing of cosmetics on animals-No persons shall use any animal for testing of cosmetics”.

As for import, the IDTAB, the highest health advisory board in India, has also supported HSI’s call for a full import and sales ban on newly animal tested cosmetics from other parts of the world. HSI has spoken to the concerned government officials and has been assured that the sales and import ban will be successfully implemented in 2014.

ChemLinked : South Korea is developing its first national centre for the development and validation of alternatives to animal testing for cosmetics and has ratified non-animal testing methods for functional cosmetics through amending “Regulation on Evaluation of Functional Cosmetics” which has come into force as of 31 Dec 2013 (ChemLinked news on 3 Jan 2014). Will South Korea institute a total ban or make alternative methods optional?

Troy Seidle: Currently there is no ban on cosmetics animal testing in Korea, but animal testing for ordinary cosmetics is already non-mandatory and the recent revision of “Regulation on Evaluation of Functional Cosmetics” made by Ministry of Food and Drug Safety (MFDS, the competent authority of cosmetics in South Korea) has accepted data from available non-animal testing methods for functional cosmetics. What’s more the equivalent of $150 million is invested on a national center for alternatives, demonstrating a commitment to cutting-edge science.

In its Administrative Notice regarding functional cosmetics evaluation of December 2013, the MFDS acknowledged both that there is a global trend to eliminate cosmetics animal testing, and its intention to respond to this trend in recognising the alternatives to cosmetics animal testing. HSI’s Be Cruelty-Free Korea campaign is working with a local partner organisation to renew the call to the MFDS to remain focused on a testing ban regardless of the status of alternative test methods, with this policy shift the first important step towards that cruelty-free goal.

ChemLinked: The current ASEAN Cosmetics Regulation is very similar to previous EU Cosmetics Derective, with EU updating its regulatory framework, do you think ASEAN Cosmetics Regulation will be revised accordingly and a total ban on animal tested cosmetics traded among ASEAN will be introduced? Is it difficult to introduce such a ban in the near future as the testing capacities are simply lacking?

Troy Seidle: In the past, the ASEAN Cosmetics Regulation has modelled itself on the EU Directive, and we are hopeful that this parallel will continue - resulting in both a testing ban and an import and sales ban across the ASEAN region. Reports indicated that the issue of an animal testing ban was due to be discussed by the ASEAN Cosmetics Committee end of last year, but it fell off the agenda. HSI urges the committee to ensure that it is discussed at the soonest opportunity.

The EU Cosmetics Directive 76/768 banned cosmetics animal testing regardless of the state of alternatives because such testing is unnecessary and unethical due to the availability of more than 5,000 existing, safe ingredients. Both consumer safety and continued innovation of cosmetics can therefore be ensured even without access to a full range of validated non-animal test methods for all toxicity endpoints. Thus, access to associated technologies and testing facilities throughout the ASEAN region is not strictly necessary to implement a testing ban. However, the advancement of non-animal test methods remains a separate priority for HSI, and we continue to work with both authorities and companies across the globe to advance 21st century toxicology without animal testing.

ChemLinked: Throughout 2013, there weren’t any update about animal testing in Japan, Taiwan and Australia. Based on the interaction between you and officials in these countries/region, are they likely to amend their cosmetics animal testing policy?

Troy Seidle: Recent polling found that an overwhelming majority of Australians (81%) are supportive of a nation-wide ban on the testing of cosmetics and their ingredients on animals (May 2013 poll by Nexus Research on behalf of Humane Research Australia). During last year’s national elections, Australia’s Labour party announced that if re-elected, it would phase out the import and sale of cosmetic products and ingredients tested on animals. Although the party did not win the elections, Be Cruelty-Free Australia is currently meeting with the new Coalition Government to advance the issue, building on the high level of support throughout the country.

Overall, there is growing consumer and corporate awareness about animal testing in Japan. A recent opinion poll commissioned by LUSH in partnership with HSI and domestic animal protection organizations, showed that nearly 90% of Japanese consumers don't want companies to use animal-tested ingredients. We're also seeing Japanese cosmetics companies becoming much more aware of the global trend towards cruelty-free. In March last year, just before Europe introduced its import and sales ban on animal-tested cosmetics, the major Japanese cosmetic brand Shiseido announced it was ending much of its animal testing. Of course we want to see a complete end to cosmetics animal testing, but this policy shift from one of Japan's premier cosmetics firms shows that the sector realises the future is cruelty-free

The Be Cruelty-Free Taiwan campaign is still in its early stages, but over the last year we've seen the issue of animal testing generally being discussed more in the local media. Like elsewhere in the world, we believe that once consumer awareness increases, pressure to shift policy nationally will follow.

HSI's Be Cruelty-Free campaign is working in all these countries, building and strengthening our relationships with relevant authorities and regulators in order to achieve our goal of a cosmetics animal testing ban. We believe that ethical considerations, the compelling consumer safety benefit in moving away from animal testing, and consumer demand for non-animal tested cosmetics - combined with the increasing global trend in non-animal alternatives - provide a convincing argument for these countries to amend their policies and ban cosmetics animal testing.

ChemLinked: According to your work this year, any predictions for the Asian animal testing issue or what is your main work plan in the upcoming 2014?

Troy Seidle: We are delighted to announce that this past week, the Asia for Animals Coalition, which represents animal protection groups across Asia and beyond, officially endorsed our Be Cruelty-Free Asia campaign in recognition of our leading role in ending cosmetics animal testing. In 2014 HSI will continue its work across the Asian region. Although the status of alternative testing methods varies in each country, we are optimistic that countries will continue to recognize the important ethical and scientific trend occurring globally to end cosmetics animal testing.

HSI is confident that this year we will see India implement the complete sales and import ban on animal-tested cosmetics. Coupled with the current test ban, this will make India a world leader on this issue and a model for both Asia and the BRICS countries.

In general, 2014 could start to see an increase across Asia of public awareness and engagement on the issue of cosmetics animal testing, which in turn will focus politicians' minds on the importance of this issue. The year holds great promise for increased education, investment, and use of these more ethical and scientifically sound alternative testing methods, as well as progress towards, if not full implementation of, additional bans.