The beauty industry has been making strides towards becoming more sustainable and ethical in recent years, with many brands adopting cruelty-free, vegan, and natural practices. However, a recent ruling by the European Court of Justice (ECJ) could jeopardize this progress and force some cosmetics manufacturers to conduct animal testing on their ingredients.
The ECJ ruling on animal testing
The ruling in question concerns Symrise AG, a German cosmetics manufacturer that produces ingredients for sunscreens, among other products. In 2014, the European Chemicals Agency (ECHA) ordered Symrise to conduct animal tests on two of its ingredients, homosalate and 2-ethylhexyl salicylate, to assess their potential toxicity and environmental impact. Symrise challenged this decision, arguing that these ingredients are used exclusively in cosmetics and are therefore exempt from animal testing under the EU Cosmetics Regulation, which bans the testing of cosmetic products and ingredients on animals since 2013. Symrise also claimed that there are alternative methods available to test the safety of these ingredients without harming animals.
However, the ECJ rejected Symrise’s appeal and upheld the ECHA’s decision, stating that the Cosmetics Regulation does not override the REACH Regulation, which governs the registration, evaluation, authorisation and restriction of chemicals in the EU. The ECJ ruled that the ECHA has the authority to request animal tests on any chemical substance, regardless of its intended use, if there is a lack of sufficient data to ensure its safety for human health and the environment. The ECJ also stated that the alternative methods proposed by Symrise are not sufficiently reliable or validated to replace animal tests.
The implications for the beauty industry and consumers
The ECJ ruling has sparked outrage and concern among animal rights activists, beauty brands, and consumers, who fear that it could undermine the EU’s ban on animal testing for cosmetics and set a dangerous precedent for the future. According to Cruelty Free International, an organisation that campaigns against animal testing, the ruling could result in thousands of animals suffering and dying in cruel tests for cosmetics ingredients that have been widely used for years. The organisation also warns that the ruling could affect other cosmetics manufacturers that use similar ingredients in their products, and that it could discourage innovation and development of new and safer ingredients that do not require animal testing.
The ruling could also have a negative impact on the consumer demand and trust for sustainable beauty products, especially in the EU, which is one of the largest and most influential markets for cosmetics in the world. According to a report by NielsenIQ, sustainability is one of the top trends to watch in the beauty industry in 2023, as consumers are becoming more aware and conscious of the environmental and social impact of their beauty choices. The report found that consumers are looking for products that use natural ingredients, respect the environment, and use reusable and recyclable packaging. The report also found that consumers are willing to pay more for sustainable beauty products, and that they are influenced by the sustainability claims and certifications of beauty brands.
However, the ECJ ruling could erode the consumer confidence and loyalty in the sustainability credentials of beauty brands, especially those that operate in the EU or source their ingredients from the EU. Consumers could feel misled or deceived by brands that claim to be cruelty-free or vegan, but are forced to conduct animal tests on their ingredients by the ECHA. Consumers could also feel confused or overwhelmed by the conflicting regulations and standards that apply to different beauty products and ingredients, and find it difficult to make informed and ethical decisions.
The way forward for sustainable beauty
Despite the challenges and uncertainties posed by the ECJ ruling, there is still hope and opportunity for the beauty industry to continue its journey towards sustainability and ethics. Many beauty brands, experts, and activists have expressed their opposition and disappointment with the ruling, and have called on the EU authorities to reconsider their position and uphold the spirit and intention of the Cosmetics Regulation. Some of the actions that have been suggested or taken include:
- Signing petitions and campaigns to urge the EU to protect the ban on animal testing for cosmetics and to invest in the development and validation of alternative methods. For example, The Body Shop and Cruelty Free International have launched a petition to the European Parliament, which has already gathered over 400,000 signatures.
- Supporting and collaborating with organisations and initiatives that promote and advocate for cruelty-free and sustainable beauty, such as the Leaping Bunny certification, the Humane Society International, and the European Coalition to End Animal Experiments.
- Educating and informing consumers about the issue and the implications of the ECJ ruling, and providing them with clear and transparent information about the ingredients, sourcing, and testing methods of their products. For example, Lush, a leading cruelty-free and vegan beauty brand, has published a blog post explaining the ECJ ruling and its impact on the beauty industry and consumers, and has encouraged its customers to take action and voice their opinions.
- Innovating and developing new and safer ingredients and products that do not require animal testing, and that meet the consumer demand and expectations for sustainability and ethics. For example, REN, a clean skincare brand, has committed to becoming zero waste by 2023, by eliminating unnecessary packaging and using recycled ocean plastic in its packaging.
The ECJ ruling on animal testing is a setback and a challenge for the beauty industry and consumers, but it is not the end of the road for sustainable beauty. The beauty industry has shown its resilience and adaptability in the face of crises and changes, and has proven its potential and power to influence and inspire positive social and environmental impact. By working together and taking action, the beauty industry and consumers can overcome this obstacle and continue to pursue their vision and values for a more sustainable and ethical future.
