China Ends Mandatory Animal Testing for Domestic Non-special Use Cosmetics from 30 Jun 2014

From 30 Jun 2014 the cosmetics industry will no longer be a required to submit written dossier for registration of non-special use cosmetics produced in China. A new online registration will replace the previous version (see CL Cosmetic New on 10 Jun). From the same day animal testing will also be optional for this category of cosmetic which includes products for skin, hair, nails, make-up and perfumes. Domestic manufacturers are now permitted to use existing animal testing data or data drawn from validated non-animal tests to substantiate the product safety. When you consider China’s historically conservative attitude toward alternatives to animal testing it is significant that such a compromise has already made. This new regulatory provision acknowledges the global cruelty free trend and simultaneously affords China with more opportunities to trade internationally and utilize more technologically advanced testing methodologies. Peter Li, PhD, China policy adviser of the Humane Society International, said: “this is an important first step for China in moving away from cruel and unreliable animal testing for cosmetics.” According to HIS’s estimate, if every eligible company took advantage of the policy change, 10,000 animals a year could be saved in China (see HSI Post on 30 Jun).

The rule change marks the first step toward stopping animal testing in the country. CCTV, China's national media, interviewed the Qi Liubin, Director of Cosmetics Division, CFDA and Peter Li from HSI for more clarification (see CCTV Porst on 5 Jul). Qi stated that "for the first time, our regulations clearly state that if ordinary, domestically produced cosmetics can pass the risk evaluation test and ensure product safety, they can avoid animal testing." "From the point of view of the China Food and Drug Administration, our attitude towards animal testing is, it should be used for scientific research and applied cautiously. That principle hasn’t changed. Evaluating cosmetics based on the safety of their raw materials is a growing trend in the world. As a major cosmetics market in the world, China should also follow these new scientific methods and developments, and fully adopt them into our own practices." Qi said.

When we are celebrating the significant regulatory change, it is undeniable that there is still a long way to go till the end of cosmetic animal testing in China. 

All imported cosmetic still must be animal tested

The new provisions do not cover imported cosmetics yet so overseas cosmetic companies with firm cruelty free philosophies must still wait to enter China’s market. Hilary Jones, LUSH ethics director, said: “LUSH and other cruelty-free companies are still unable to trade in China currently, as this legislation does not allow for fully non-animal tested cosmetics to come to market. We look forward to further progressive legislation in this area which will put China on par with Europe which would allow Chinese cosmetics companies to trade into Europe and allow us to operate cruelty-free in China." There are however some loopholes which can be exploited to circumvent these regulations. Cosmetics can be exported in bulk and repackaged in China or to establish a manufacturing plant in China and produce locally is another way if it is possible. 

Increased animal tests for post-market surveillance

Under the new registration system for domestically made non-special use cosmetics, before placing the products on the market, the applicant just needs to submit formulation data and packaging information through the National Online Filing System. All other information such as safety assessment data should be kept on record for further check. This change will reduce pre-market requirements but post-market spot checks which will necessitate increased animal testing.

Lack of guidance for safety assessment of non-animal tested cosmetics

China did give the companies the option to choose either way to prove the safety of products but guidance for companies to prepare safety evaluation report without animal suffering is absent at present. Confusions on how to prepare a qualified dossier are left to the industry. Hopefully, CFDA could issue such a guidance based on the vast experience gained from various cases of domestic ordinary cosmetic registration.