France Tries To Overturn EU Animal Testing Ban

by ANC Staff

France and a group of cosmetics ingredients manufacturers have launched legal action to try and overturn the 7th amendment to the EU Cosmetics Directive, which contains a combined "animal testing and sales" ban for cosmetics and toiletries.

An opinion poll taken in February 2003 revealed that 60% of French citizens favor a total ban on cosmetics animal testing.

The EU Cosmetics Directive was created as a result of a resolution passed by the European Parliament in 1989, which called on the EU Commission to "formulate a directive with the aim of ending the use of animals for decorative cosmetic testing".

In response to the "animal testing and sales" ban contained in the Cosmetics Directive, France - the largest cosmetics animal tester in Europe - has raised several objections, claiming that the ban breaches World Trade Organisation agreements.

The British Union for the Abolition of Vivisection (BUAV) disagreed with this stance, pointing out that the European Court of Justice has always said that it will not second-guess what the WTO dispute panels would decide if a challenge like this were brought to them.

The EU and member states must have the right to reflect the ethical concerns of their people by banning products produced using cruel means (cruelty to people or animals), said BUAV.

The anti-vivisection group noted that public concern about animal welfare is one of the GATT Article XX exceptions to free trade, and was one of the principal arguments used by the United States when it banned the import and sale of dog and cat fur in December 2000, and thus an important precedent has already been set.

France also argued, however, that the ban on animal testing breaches the principle of "freedom to pursue a professional activity" because it constitutes "excessive and intolerable interference".

BUAV called this argument absurd, and commented that the ban does not stop companies from trading or making new products, but merely prevents them from testing on animals.

In effect, BUAV said, France wants to assert a freedom to cause pain to defenceless animals for a trivial and vain benefit.

"It has already taken animal campaigners like the BUAV and the European Parliament a frustrating thirteen year struggle to finally secure legislation to outlaw the suffering of lab animals to produce trivial products like lipstick and perfume," remarked BUAV Campaigns Director Wendy Higgins.

"It is shameful enough that it has taken this long, impeded as we have been at every stage by aggressive industry lobbying," she said. "It is even more shameful and shocking though, that a challenge to actually reverse the EU cosmetics animal testing ban has been brought forward."

"This proves once and for all that the beauty business is more concerned with turning a profit than with turning their back on unethical and cruel practices," Higgins added.

© 2003 Animal News Center, Inc.