China Herald: Animal testing

Showing posts with label Animal testing. Show all posts

Monday, March 15, 2021

Cosmetics can become free of animal-tests, at least a little – Mark Schaub

Cosmetics sold in China require up to May 1, 2021, animal tests to prove they are safe for consumers. Since their users required cruel-free cosmetics, foreign manufacturers had a hard time selling cosmetics to Chinese consumers. But times are changing, although only a little, says China-lawyer Mark Schaub in the China Law Insight in a review of upcoming legal change.

Mark Schaub:

It is good news for animals. From May 1, 2021 international cosmetics companies can apply to sell ordinary cruelty-free cosmetics in mainland China through general import and general trade.
In a best case scenario this will open up the opportunity for distribution through physical stores or distributors (which despite the hype about online remains crucial in China). These cruelty-free brands will be able to be sold in physical stores in China after being registered/filed to NMPA and imported via general trade according to the Provisions.
Online sales will also change. At present cruelty free brands are effectively excluded from the mass online market (i.e. can only sell T-Mall Global rather than T-Mall). In our experience, consumer facing companies will sell far more on T-Mall than on T-Mall Global. Indeed international brands can establish their own shopping websites in China to sell products directly.
Another change may be in respect of the outsourcing of production to China. In recent years a number of international cosmetics brands transferred part of their manufacturing process to China in order to manufacture under a limited animal testing exemption which could be applied for in respect of domestically manufactured ordinary cosmetics. This change in regulation may make such practice less attractive.
Although Chinese cosmetics brands are becoming increasingly popular but the heritage of cosmetics can play an important role in the consumer’s relationship to a product. However, we anticipate that the roll out may be time-consuming and much will depend on the land of origin and the status of its negotiations with the Chinese authorities.
International cosmetics companies will embrace the ability to export cosmetics to China without animal testing. However, it is important to note that this loosening is coupled with increasingly strict regulations, introduction of a trusted manufacturer concept, improved health and safety standards and also an expanded role and potential liability for the domestic representative. Importing cruelty free will now be possible but it will be coupled with greater obligations and paperwork.
In addition, it should be noted that a crucial issue is that the recognition of the QMS is on a bilateral basis between China and the relevant manufacturing country. This may mean that brands may need to outsource manufacturing to countries that are recognized. This may be an issue for countries that are politically out of favor with China. Time will tell but it is likely that for international cosmetics companies will find that they will not need to test on animals for most products whether exported to China or domestically manufactured.

Friday, July 19, 2019

China moves to kill animal cruelty in cosmetics tests - Mark Schaub

Mark Schaub

China forced global cosmetics brands to use animal tests before entering the market, but is now moving to fall in line with cruelty-free cosmetic tests, writes lawyer Mark Schaub at the China Law Insight. "For international cosmetic companies, this may make the Chinese market more attractive for cruelty-free brands. However, issues will still exist but the direction at least should be applauded," he says.

Mark Schaub:

This is the first time the Chinese authorities have explicitly on the record opened the door to excluding animal testing for imported cosmetics products across the country.

This also further evidence a trend in that the Chinese authorities are s experiencing a strategic shift in regulatory thinking, moving from strict pre-entry control to a more balanced combination of pre-market regulation and active and on-going post-market supervision.

For international cosmetic companies, this may make the Chinese market more attractive for cruelty free brands. However, issues will still exist but the direction at least should be applauded.

For international cosmetic companies already in the China market or imminently entering then the Measures when implemented would allow for a weaning off Chinese partners in that their own representative office could serve as the domestic responsible person.

However, existing players will likely need to negotiate the way to freedom or de-coupling from their Chinese partners as the Measures do hint at agreements being required for existing relationships.

International cosmetic companies will likely cheer the NMPA’s quantitative grading system that will result in more attention being paid to untested, inexperienced or non-compliant manufacturers. Most international cosmetic companies will already meet the requirements under Chinese law.

More at the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your meeting or conference? Do get in touch or fill in our speakers' request form.

Are you looking for more experts on branding issues at the China Speakers Bureau? Do check out this list.

Friday, May 31, 2019

Dilemmas of animal-testing for China cosmetics - Mark Schaub

Mark Schaub

Globally cosmetic companies have been phasing out animal testing, but in China authorities sometimes still require those tests. Lawyer Mark Schaub looks at the dilemmas for international cosmetics, who face different requirements, and potential damage to their brand, at the China Law Insight.

Mark Schaub:

There is a clear trend in China away from animal testing. This is due mainly to changing sentiment on the part of Chinese consumers. Local authorities across China are developing cruelty-free programs to entice international brands into China.

However, the system in China tends to allow authorities broad discretions. Accordingly, those awaiting a clear legal prohibition across the whole country may be waiting a long time.

However, brands torn between revenue and conscience may consider whether cross border e-commerce or producing locally are possible solutions. Any brand with great ambitions for China will likely need to pursue domestic production. In addition, domestic production may allow brands to tweak products for Chinese consumer trends. The risk in this regard is that product localization may not receive a warm welcome from Chinese consumers. Many still have great enthusiasm for imported cosmetics. This is especially the case in respect of luxury or organic cosmetics brands.

More at the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your meeting or conference? Do get in touch or fill in our speakers' request form.

Are you looking for more branding experts at the China Speakers Bureau? Do check out this list.

Tuesday, January 14, 2014

Rabbits Rejoice – End of PRC Animal Testing Requirements Nears – Mark Schaub

+Mark Schaub

China is introducing new regulations that makes it possible to phase out animal testing for cosmetics. Shanghai-based lawyer Mark Schaub explains how NGO´s, international pressure and basic market forces have made it possible to give rabbits and mice a happier life, and consumers politically correct cosmetics.

Mark Schaub:

There is little that China’s big cities retail scene cannot offer the eager shopper – flagship stores, bright lights, big lines … However, the long term China expat will still often miss specific items – the lack of a Body Shop … the quirky soaps manufactured by Lush …

The reason for that some brands are not to be found in China is that a number of cosmetics and body care companies have a corporate policy against animal testing. To date China has basically required that such products conduct animal testing as part of an overall consumer safety policy. This practice is now changing ... in part.

Chinese rabbits and mice are set to rejoice due to the “Notice on the Adjustment of Cosmetics Registration and Filing Administration” (“Notice”) which was posted on the website of the China Food and Drug Administration (“CFDA”) on December 16, 2013. The Notice states that from July 2014 animal toxicological testing for “non-specialized cosmetics produced in China” will no longer be mandatory provided a risk assessment has been carried out. Chinese manufacturers of such non-specialized cosmetics will be able to evidence product safety by using existing data or European Union-validated non-animal tests and can avoid government conducted tests.

The change had been expected as the CFDA had issued a proposal on its website in November 2013 regarding cosmetics registration and filing. After one month’s public consultation the proposal was considered as having been approved.

Previously Chinese regulations had required all cosmetics to undergo a lengthy approval process known as "toxicological testing" which typically involved testing on animals such as rabbits, pigs and mice.Although the PRC regulations did not specify animal testing as a requirement of such toxicological testing in practice this was often the case.

The ambit of toxicological testing was wide as the “Regulations Concerning Hygienic Supervision over Cosmetics” included "special cosmetics" as being products used for hair nourishment, hair-dying, hair perming, hair removal, deodorant, bleaching treatments and suntan lotion. “Non-specialized cosmetics” include general body care products such as, soap and general skin related products.

In accordance with “Risk Assessment Guide on Possible Safety Risk Substances in Cosmetics” if the risk assessment can ensure consumer safety then such Non-Specialized cosmetics are no longer required to conduct toxicological testing. However, it should be noted that special cosmetics made in China and cosmetics produced outside of China regardless whether special or not will not fall under the new regulation.

Why now? Undoubtedly efforts by PETA and the Humane Society were influential. In particular, PETA funded scientists to provide guidance to Chinese counterparts on alternative testing processes. However, in the end it may well be that the practice of testing cosmetics on animals is increasingly considered as being old fashioned and China wishes to follow international practices. In March 2013, European Union regulators announced a ban on the import and sale of cosmetics containing ingredients tested on animals and pledged to push other parts of the world, like China, to accept alternatives. This may also have played a role.

An extensive edition of this piece, with more technical details, will be published later at the King&Wood Mallesons website or can be send to you on request.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your meeting or conference? Do get in touch or fill in our speakers´request form.