CJEU Rules States may Prohibit Cosmetic Products Containing Animal-Tested Ingredients from the EU Market (September 21, 2016) [1]
On September 20, 2016, the Court of Justice of the European Union (CJEU) handed down a ruling [3] in European Federation for Cosmetic Ingredients v. Secretary of State for Business, Innovation and Skills that addressed restrictions on cosmetic products containing ingredients tested on animals. According to the press release [4], the Court ruled that introducing products with ingredients that have been tested on animals to “the EU market may be prohibited where that testing has been conducted outside the EU in order to market the product in third countries and where the results of that testing are used to prove the safety of the product.” The case arose when three members of the European Federation for Cosmetic Ingredients—a trade association representing the EU manufacturers of cosmetic ingredients—conducted animal testing outside the EU in order to facilitate sales in China and Japan, where such tests were required. These companies requested that the British courts determine whether or not the businesses would face criminal penalties under EU law [5] (which prohibits the marketing of products that utilized animal testing to satisfy EU safety requirements) for placing products on the EU market that utilized animal testing to meet foreign criteria. Citing the EU legislation’s goal to promote the use of non-animal alternative testing methods, the Court concluded that animal testing to meet foreign standards might be grounds for prohibition from the EU market “if the data resulting from that testing is used to prove the safety of the products concerned for the purposes of placing them on the EU market.”