What was the key legal finding of ECHA’s Board of Appeal regarding Lanxess and animal testing for tris(methylphenyl) phosphate?

The ECHA Board of Appeal ruled on May 7 that Lanxess AG is not required to perform developmental neurotoxicity testing on rats for tris(methylphenyl) phosphate, agreeing with Cruelty Free Europe that ECHA failed to apply a proportionality test when demanding the test — a requirement under REACH that mandates weighing benefits of additional data against costs, animal use, suffering, and availability of less burdensome scientific alternatives.

Why does this ruling matter for the enforcement of animal testing requirements under the EU’s REACH regulation?

This ruling clarifies that ECHA must strictly adhere to the limits of REACH’s testing annexes and, where exercising discretion to order additional tests under Substance Evaluation, must explicitly apply a proportionality test — assessing scientific benefit against animal suffering, cost, and feasibility of alternative methods — thereby firming up legal boundaries on ECHA’s authority to mandate animal testing by default.

ECHA’s board of appeal rules against animal testing requirement in case involving Lanxess

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ECHA’s board of appeal rules against animal testing requirement in case involving Lanxess

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