Brazil restricts animal testing for cosmetics but activists flag pitfalls

07 Mar 2023 --- Brazil, the largest beauty market in South America, has partially banned animal testing for “personal hygiene products, cosmetics and perfumes.” Announced by the National Council for the Control of Animal Experimentation (CONCEA) in Resolution No.58, it is prohibiting the use of “vertebrate animals, except human beings” for R&D and quality control purposes for these products.

But Antoniana Ottoni, government affairs specialist in Brazil at Humane Society International, flags that the nation’s continued import of cosmetics will leave leeways for animal-tested cosmetics.

“A domestic testing ban on its own will not prevent importing and selling newly animal-tested cosmetics from other countries. This will put our personal care industry at a competitive disadvantage and fall short of the cruelty-free beauty sector that Brazilian consumers have made clear that they want,” she says.

“For this reason, our work to secure a federal law must continue, and we look forward to working with the Chamber of Deputies to build on this positive momentum to see a federal law in place this year.”

Limits to the ban
Humane Society International points out that this should not be seen as a total ban but a partial one.Ottoni flags that the Resolution No.58 will not prevent animal tested cosmetics from being sold in Brazil.

“As an extension of the Ministry of Science and Technology, CONCEA does not have the legal jurisdiction to include certain important issues in its resolutions, including a restriction on marketing cosmetics that rely on new animal data,” says the organization.

Thereby, the CONCEA normative “should be seen as a partial solution only,” – which requires the support of lawmakers to augment.

The regulatory restriction was introduced on February 24 this year and came into force through the Union Official Journal on March 1.

Normative measures
Nonetheless, Resolution No. 58 assures the control of animal testing for cosmetics:

“It is mandatory in the country to use alternative methods recognized by the CONCEA in scientific research, in the development and quality control of personal hygiene products, cosmetics or perfumes that use in their formulations ingredients or compounds whose safety or efficacy have not been scientifically proven, except the competences of other entities and public bodies with a regulatory function.”

Moreover, the resolution authorizes the use of alternative methods that have already been validated nationally or internationally but have yet to be recognized by CONCEA.

“The restriction prohibits animal testing for cosmetic ingredients with ‘known effects’ and obligates the use of alternative methods for ‘unknown ingredients,’” says Humane Society International.

Brazil’s market for cosmetics
According to Kao, Brazil is the world’s fourth-largest beauty and personal market, valued at ¥3 trillion (US$21.95 billion). 

Throughout 2022, Brazil’s toiletries, perfumery and cosmetics sectors grew by 9.4% – worth US$1.52 billion. The Brazilian Association of the Toiletries, Perfumery and Cosmetics Industry shares that the trade balance was in surplus of US$35.5 million, with an increase of 206% compared to the surplus balance recorded in the same period of 2021 (US$11.6 million).

“We are thrilled to see our efforts come to fruition after a decade of campaigning resulting in state bans and federal progress. This new Brazilian norm is a welcome next step in the right direction and something for which we have long advocated,” says Ottoni.

Last December, after nearly a decade, federal Bill 70/2014, which aims to ban animal testing for cosmetics in Brazil was passed by the Senate. The amended bill resulted from the efforts of Humane Society International and The Brazilian Association of Personal Hygiene, Perfumery and Cosmetics Industry.Resolution No.58 authorizes the use of alternative testing  methods.

Moreover, Humane Society International shares Bill: “PL 3062/2022 is in urgent status and stands ready for approval by the Chamber of Deputies, and contains all the essential provisions to complement the CONCEA normative and guarantee an end to cosmetic animal testing in Brazil.”

Animal testing updates
PersonalCareInsights recently spoke to Health Canada, the governmental department that regulates cosmetics under the Food and Drugs Act to discuss whether it plans on banning animal testing this year.

Animal testing for cosmetics has been banned in India, Israel, Norway, Iceland, Switzerland and Mexico, highlights The Humane Society. “Cosmetic companies in the US and abroad that conduct animal tests are not able to sell their products in these countries unless they change their practices.” 

In January this year, New York joined the list of US states that ban animal testing for cosmetics.

Among other recent developments, Cruelty Free International went head-to-head with the UK Home Office over animal testing in cosmetics at the Royal Courts of Justice in London.

By Venya Patel