Explaining the EU Laws on Animal-Testing

Since announcing my makeup collection was now completely cruelty free I've gotten some messages from confused EU citizen who thought all makeup sold in the EU is cruelty free. Let me explain once and for all. Keep reading.

Has the EU outlawed animal testing for cosmetics?

Yes. It has been illegal to test cosmetics on animals in the EU since 2004.

How about the ingredients?

It has been illegal to test the ingredients on animals in the EU since 2009 with an exception for tests there weren't any alternatives to yet. In 2013 all animal testing for cosmetics, including ingredients, was outlawed. If for some reason an ingredient is also used for something other than cosmetics, say lifesaving drugs, it may be tested on animals in accordance with the REACH  regulations.

REACH stands for Registration, Evaluation, Authorisation and Restriction of Chemicals.

The REACH regulations forces companies to conduct thorough research before testing on animals. Animal testing should be the last resort so companies have to provide the European Chemicals Agency (ECHA) and member states with a compelling case with very strong evidence as to why this particular ingredient can't be tested with any other available method. It is very difficult to be approved. This is not a fight you'd want to take part in unless you'd think it could potentially save lives and a lipstick doesn't cure cancer.

As I stated earlier, ingredients meant for cosmetics are illegal to test on animals and can't apply for an exception.

What if the product is made outside the EU then?

Conducting animal testing on products intended to import/export to the EU is illegal. In order to sell a product in the EU a company must provide evidence that no animal testing has been involved in making the product at any stage. The finished product, the prototype and the ingredients must all have been developed without animal testing.

Neither the manufacturer nor its suppliers can test any new ingredients on animals with intent to use it in cosmetics.

I've hear that China requires animal testing on makeup and my bronzer is made in China, how can it still be cruelty free?

You're right. Animal testing is required for a product to be sold in mainland China. However, brands can still produce their products in China without conducting animal testing. More on that later.

Why doesn't it say that it's cruelty free on the product then?

Marketing something as not tested on animals isn't necessary, since everything should be. Only brands with an international market have the CF symbols on their products because that is where it is needed.

So, if all animal testing for cosmetics is outlawed in the EU, how can something regarded non-CF be sold here then?

This is where things get messy. Companies who want to be able to both sell their products in the EU, but also be able to sell their products in mainland China, where animal testing is required, found a loophole. They don't test their products or ingredients on animals at any stage and neither does their suppliers. All in accordance with EU law. What they do instead is that they pay a third party, like a government agency or a parent company, to test their products for them. This way they can then provide EU with evidence that no animal testing has been conducted when developing their products, but they can also provide China with evidence that their products are safe for use.

That's not okay! That's lying to their EU customers!

You're absolutely right. It's far from okay and this is the main reason I decided to make my makeup collection cruelty free. If anyone ever comes across a petition to fix this loophole in the EU legislation. Send it to me right away!

Sources

Finnish Safety and Chemicals Agency, TUKES. Animal testing related to cosmetics. [X]
European Chemicals Agency, ECHA. Animal testing under REACH. [X]