The decision had been eagerly awaited by the cosmetics industry, animal welfare groups and even the European Commission, which had put on hold the examination of a possible analysis of the interface between the REACH Regulation and the Cosmetics Regulation concerning animal testing until the publication of these judgments. The General Court of the Court of Justice of European Union handed down its judgements on 22 November 2022.
There were two cases between the ECHA (European Chemicals Agency) and the cosmetic ingredients supplier Symrise AG, one concerning Homosalate, the other Ethylhexyl Salicylate.
As part of the REACH registration process, ECHA had asked Symrise AG to provide, in particular, studies on vertebrate animals.
However, these two UV filters are used exclusively as ingredients in cosmetic products, and Cosmetics Regulation 1223/2009 prohibits such studies.
Symrise AG, supported by Cruelty Free Europe, PETA International, the EFfCI (European Federation for Cosmetic Ingredients) and Unilever, lodged two appeals against ECHA’s decision.
Legal battle
The legal battle was complex, but in its conclusions, the General Court found that:
• A substance used in the manufacture of cosmetic products is covered by both the REACH Regulation and the Cosmetics Regulation
• According to the Cosmetics Regulation, only the tests included in the product safety report to demonstrate its safety are prohibited, but it does not prohibit the REACH registrant of a substance used, exclusively or among other uses, as an ingredient of a cosmetic product from carrying out tests on vertebrate animals for the purposes of satisfying the information required for the registration of this substance under the REACH Regulation
• The REACH Regulation does …
