Cosmetic Animal Testing Ban

Law & Regulation

In Effect

India

May 21, 2014

Summary

In 2014, India’s Ministry of Health and Family Welfare introduced two binding amendments to the Drugs and Cosmetics Rules, 1945 that together prohibit cosmetic animal testing domestically and the import of cosmetics tested on animals. The first instrument — Drugs and Cosmetics Rules (Second Amendment) 2014, notified as G.S.R. 346(E) on 21 May 2014, operative approximately 4 July 2014 (45 days after publication) — inserted rule 148-C (“Prohibition of testing of cosmetics on animals”), with the operative clause: “No person shall use any animal for testing of cosmetics.” The second instrument — Drugs and Cosmetics (Fifth Amendment) Rules 2014, notified as G.S.R. 718(E) on 13 October 2014, operative approximately mid-November 2014 (30 days after notification) — inserted rule 135-B (“Prohibition of import of cosmetics tested on animals”), with the operative clause: “No cosmetic that has been tested on animals after the commencement of the Drugs and Cosmetics (Fifth Amendment) Rules, 2014 shall be imported into the country.”

Both rules operate under the Drugs and Cosmetics Act, 1940, and are implemented and enforced by the Central Drugs Standard Control Organization (CDSCO) and state drug control authorities. The amendments followed the Drug Technical Advisory Board (DTAB)’s 65th meeting on 25 November 2013, which recommended prohibiting cosmetic animal testing, and the Bureau of Indian Standards (BIS) PCD 19 Cosmetics Sectional Committee’s 2013 removal of animal tests from IS 4011 (the relevant cosmetic testing standard). A November 2014 Press Information Bureau release from the Ministry of Health and Family Welfare confirms both prohibitions as implemented. India is described by HSI and media sources as the first country in South Asia to ban both cosmetic animal testing and import of animal-tested cosmetics.


Background Context

Before 2013, the Drugs and Cosmetics Rules, 1945 contained no explicit prohibition on animal testing for cosmetics or on the import of animal-tested cosmetics; a December 2013 Ministry of Health and Family Welfare PIB statement confirmed this absence. The 2013 BIS change removing animal tests from IS 4011 — the cosmetic testing standard — preceded and aligned with the regulatory amendments. Animal advocacy organisations including Humane Society International (HSI) and PETA India engaged with BIS and the Ministry of Health and Family Welfare during 2012–2014, calling for removal of animal tests from standards and for legal prohibitions. India had previously removed animal testing from approval requirements for household products (soaps and surface-active agents), providing a regulatory precedent. The import ban was described in media as likely to affect multinational cosmetic companies including L’Oréal, Johnson & Johnson, and Unilever, whose products may have involved animal testing outside India.


System Impact

Direction

Reduces Exploitation

Type

Alters Legal Basis

Significance

High

G.S.R. 346(E) was notified on 21 May 2014 and came into operation approximately 4 July 2014. Rule 148-C prohibits any person from using any animal for testing cosmetics. G.S.R. 718(E) was notified on 13 October 2014 and came into operation approximately mid-November 2014. Rule 135-B prohibits import of any cosmetic tested on animals after the commencement date of the Fifth Amendment Rules. The Ministry of Health and Family Welfare’s November 2014 PIB release confirms both prohibitions as implemented. CDSCO and state drug control authorities are responsible for enforcement at manufacturing sites and ports of entry. The consolidated Drugs and Cosmetics Rules, 1945 (accessible via IndiaCode) continues to include rules 148-C and 135-B without subsequent repeal or amendment. No court decisions or administrative orders overturning the rules are documented in sources consulted. HSI India and PETA India have continued to cite India’s cosmetic animal testing and import bans in their advocacy communications, indicating continuing operative status.

Anticipated Effects

If rule 148-C is implemented as written and consistently enforced by CDSCO and state drug control authorities, the use of animals for testing cosmetics by Indian manufacturers and contracted laboratories would be expected to cease, with companies shifting to non-animal methods or relying on existing safety data.

If rule 135-B is implemented as written and consistently enforced at ports of entry, cosmetics tested on animals after the October 2014 commencement date would be excluded from the Indian market, requiring multinational cosmetic companies seeking access to the Indian market to ensure their products and supply chains do not involve post-November 2014 animal testing.

Whether the two rules have produced a measurable reduction in the number of animals used for cosmetic testing globally — versus redirection of testing to markets without equivalent bans — is not established in available sources.

Significance Rationale

Assigned Reduces Exploitation (impact direction) because the two rules remove the legal basis for cosmetic animal testing within India and restrict market access for cosmetics tested on animals internationally. If implemented as written, the domestic testing ban eliminates animal experimentation for cosmetics within India’s regulatory jurisdiction, and the import ban restricts entry of animal-tested cosmetics into one of the world’s largest cosmetic markets.

Assigned Alters Legal Basis (impact type) because the primary mechanism is the creation of explicit categorical prohibitions in the Drugs and Cosmetics Rules, 1945 — rule 148-C and rule 135-B — defining what is now legally impermissible for cosmetic manufacturers and importers operating in India.

Assigned High significance because the rules apply nationally across all cosmetic manufacturers and importers in India — a national market of continental scale — and address the cosmetic testing system comprehensively: the domestic testing ban removes legal authorisation for all animal testing of cosmetics within India; the import ban restricts market access for animal-tested cosmetics from any origin. This is a categorically broader scope than the Brazil state-level cosmetic testing bans (Moderate), which were limited to individual states. India’s rules apply to the entire national regulatory jurisdiction simultaneously.

The duration and persistence of the scale change is not established in available sources; no quantified data on animals previously used in cosmetic testing in India or on post-ban reductions are reported in sources consulted.


Within The System

Affected Animals

Rabbits
Mice
Rats
Guinea Pigs

Affected Practices

Vivisection

Industries

Animal Research & Testing

Key Actors

The Ministry of Health and Family Welfare issued both G.S.R. 346(E) and G.S.R. 718(E) under the Drugs and Cosmetics Act, 1940. DTAB recommended the domestic testing prohibition at its 65th meeting (25 November 2013). CDSCO administers and enforces both rules. BIS PCD 19 removed animal tests from IS 4011 cosmetics standards in 2013. HSI India and PETA India engaged in policy advocacy throughout 2012–2014. Named multinational cosmetic companies (L’Oréal, Johnson & Johnson, Unilever) are identified in media as affected by the import ban.

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