Ethical cosmetic company’s products are on sale in at least two Chinese airports, exposing them to animal testing

Ethical cosmetic company The Body Shop is selling its products in Chinese airports, leaving them open to the risk of animal testing by Chinese authorities, according to a new investigation by the Australian consumer watchdog Choice.

While animal testing of cosmetics is still allowed in most countries, China is the only country that actually requires it. Because of this a number of companies have refused to sell their products in China, despite the lure of the $32bn market.

Despite The Body Shop saying it does not operate in mainland China, for at least the past year Body Shop products have been on sale in at least two Chinese airports, according to Choice. A representative of The Body Shop Australia confirmed to Guardian Australia the company does now sell in Chinese airports.

Duty-free cosmetics in China are free from the mandatory pre-market animal testing regulation, but they are subject to random spot tests by Chinese authorities after they hit the shelves.

“It’s a standard part of the Chinese cosmetic regulation process,” Choice’s chief executive, Alan Kirkland, told Guardian Australia.

“Chinese officials have said to us there is no way that a product sold in airports could be guaranteed to be exempt from that. There is no way they can guarantee those products are not tested on animals.”

There are two types of post-market testing, Choice spokeswoman and investigator Zoya Sheftalovich told Guardian Australia.

In one, the China Food and Drug Association takes samples from products on the shelves within six months of registration and tests them on animals to make sure they comply with regulations, Sheftalovich said.

“The second type of post-market testing, which is the type that can happen in airports, is when they just go in and randomly take products of the shelves and test them for various things,” she said, adding that this was the testing The Body Shop would be subjected to.

“In terms of how they’re actually conducting the testing [that] is a question for the authorities themselves. They can conduct microbiological testing, or they can choose to conduct animal testing.

“The risk is there, and I think in light of the strength of their statements they have made … I don’t think it’s good enough that they’re willing to take a risk of animal testing at all.”

The Body Shop has long marketed itself heavily on its ethical stance against animal testing, and has previously said it would never sell in mainland China because of the animal testing requirement.

“This is the central claim on which the whole Body Shop brand has been built over time,” Kirkland said. “‘Against animal testing’ was their tagline for many years, and it still is a central selling point for consumers. We just think you can’t have it both ways. You can’t be against animal testing and sell in China at the same time.”

The executive chairman of The Body Shop Australia, Graeme Wise, told Choice the company did not designate airports as “in-country” because of the lack of mandatory pre-market testing required.

“We feel like The Body Shop is being shifty here because its statements are contradictory,” Kirkland said.

As recently as November, The Body Shop was named as a company which “held firm” against animal testing by Cruelty Free International and is “leaping bunny” certified by the organisation.

“The Body Shop believes passionately that no animal should be harmed because of the cosmetics industry and we have a long commitment to this cause,” Paul McGreevy, International Values and R&D director of The Body Shop, told CFI.

CFI’s policy director, Dr Nick Palmer, told Guardian Australia it objected to all animal testing. “We would oppose companies selling in China – whether in airports or elsewhere – in conditions that are likely to lead to animal testing, and welcome those companies who have decided not to export cosmetics to China for that reason,” he said. “We have not so far been approached by companies finding that their products are subject to post-marketing testing using animals.”

In June this year amendments to China’s animal testing policies come into force, which would allow domestically manufactured products to avoid animal testing. However, the softening of regulation won’t yet apply to international imports, and post-market testing is likely to be strengthened, Humane Society International predicts.

The Body Shop said at the time of the announcement it would “explore opportunities” in China once it had more details about the amendments.

“As the first beauty company to take action against animal testing for cosmetics, these reports mark a truly historic moment,” said Jeremy Schwartz, chief executive and chairman.

The Body Shop was acquired by L’Oréal in 2006 for £652m. About 19% of L’Oréal’s annual sales occur in China, according to Bloomberg. Travel retail news site The Moodie Report said in 2012 The Body Shop opened a number of new duty-free outlets, including in Shanghai.

A L’Oréal spokeswoman told Guardian Australia it had always felt animal testing of products in China was not needed.

“We support the introduction of the alternative methods to animal testing that are already accepted internationally,” she said.

Choice told Guardian Australia it had also received reports of Body Shop products being sold in the Chinese high street market, but were unable to confirm if the products were legitimate imports or grey market.