The Board of Appeal of the European Chemicals Agency (ECHA) has ruled against an ECHA decision that would lead to thousands of animal tests.

The ZDDP group of companies had challenged ECHA’s decision requiring them to conduct 90-day repeat dose toxicity studies using rats and prenatal developmental studies using rats or rabbits.

In the case, in which we intervened, ECHA ordered the group to conduct two lengthy and highly unpleasant animal tests for 13 similar substances used in hydraulic fluids.

Each test involves force-feeding the substances, in varying doses, to animals through a tube down their throat. A minimum of 12,600 animals would be used if all 13 substances were tested, with further tests involving tens of thousands of animals likely to be requested later if the decision stands.

But the companies argued it was possible to ‘read-across’ data from tests on some of the substances to the others without needing to repeat tests, saving many animals from unnecessary testing.

The Board of Appeal found that, with most of the substances, ECHA should have given all the registrants of the chemicals an opportunity of arguing for the read-across, not just the lead registrants.

Under the principle recently established by the Court of Justice of the European Union – in another case, in which we intervened – the ZDDP group will now have another opportunity to argue in favour of using data from similar substances to avoid at least some of the tests.

Dr Katy Taylor, Director of Science and Regulatory Affairs at Cruelty Free Europe, says: “We oppose all use of animals under REACH. At least, however, this Board decision, in conjunction with the recent Court of Justice Esso case ruling, will give the companies a further opportunity to avoid some of the animal testing demanded by the Agency.”