Ban on Animal Testing for Cosmetics in Brazil: Current Scenario

Many countries are adopting, ban on animal testing, globally. Walking the same path, Brazil too has taken early steps towards the cause, but with many changes all through. From the advent of Arouca Law in 2008, which contributed to the promotion of innovative non-animal methods and the Three R’s (Replacement, Reduction and Refinement), Brazil has now come to a stage, where specific legislation is being called upon against cosmetic tests on animals. As it is well known, many States in Brazil have already banned cosmetics testing on animals. Adding to this, in 2019, the National Council for the Control of Animal Experimentation (CONCEA) issued Resolution No. 38/2018, which states, killing of animals for experiments is banned in higher education. 

The 289/2015 law was passed in 2015 by the State Assembly of Amazonas, to end these cruel and unnecessary tests. However, it was challenged by the Brazilian Association of Cosmetics, Personal Hygiene and Perfume Industry (ABIHPEC) in September 2018. In April 2020, the Brazilian Supreme Court decided that the State of Amazonas was within its rights to promulgate Law 289/2015, i.e., to ban cosmetic tests on animals in its territory. Similar challenges with Direct Action of Unconstitutionality (ADI 5996) have been filed by the ABIHPEC in opposition to Law 7.814/2017 against animal testing in the State of Rio de Janeiro.

Results of a recent opinion poll conducted by Datafolha in Brazil was released by Humane Society International, with 73% of the public demanding for a robust law to be legislated against cosmetic testing on animals. The poll conducted in August 2019, with a sample of 2,094 interviewees, revealed that the majority preferred, that the cosmetics must be presented with a guarantee that it has not been tested on animals. And there should also be a claim from the company stating that they are not testing cosmetics or new cosmetic ingredients on animals. A report has also been proposed to the Senate’s Commission of Economic Affairs (CAE) for amending Bill 70/2014, for a ban on cosmetic products and ingredients tests on animals with immediate effect.

Response from the poll, the amendment request, and the recent verdict from Supreme Court show a window of possibility towards the development of legislation in the near future for a ban on animal testing of cosmetics and new cosmetic ingredients in Brazil. Hence, manufacturers entering the Brazilian cosmetics market must keep abreast with the evolving regulations in relation to animal testing, to be compliant. Consult a Regulatory expert in cosmetics to analyse the impact of the decision on your business.