Rio de Janeiro cosmetic testing ban

Court Decision

In Effect

Brazil

May 27, 2021

Summary

On 27 May 2021, the Supremo Tribunal Federal (STF) of Brazil, sitting in plenary with Justice Gilmar Mendes as rapporteur, issued its judgment in ADI No. 5.995 on Rio de Janeiro State Law No. 7.814 of 15 December 2017. The STF upheld, by a 10–1 majority, the provisions of Law 7.814/2017 prohibiting the use of animals for developing, experimenting, or testing cosmetic products, personal hygiene products, perfumes, and cleaning products within the territory of Rio de Janeiro. Simultaneously, the STF declared unconstitutional, by a 6–5 majority, the provisions of the same law that: (a) prohibited the commercialisation within Rio de Janeiro of cosmetic and related products developed or tested on animals in other Brazilian states; and (b) required product labels to indicate that no animal testing had been carried out. The ruling upheld the testing prohibition as within state competence over environmental and consumer protection matters, while finding that restrictions on interstate commerce and national product labelling exceed state legislative competence and fall under exclusive federal authority. This decision draws the constitutional boundary between state competence (testing activities within state territory) and federal competence (interstate trade, national labelling standards) — a distinction subsequently applied in the enactment of federal Law No. 15.183/2025, which banned cosmetic animal testing across Brazil and addressed labelling at the national level. The Amazonas ruling (ADI No. 5.996, 15 April 2020) established the initial precedent on state competence; the Rio de Janeiro ruling refined and delimited that precedent. ABIHPEC (Associação Brasileira da Indústria de Higiene Pessoal, Perfumaria e Cosméticos) filed ADI 5.995 in 2018 challenging the Rio de Janeiro law.


Background Context

Rio de Janeiro State Law No. 7.814/2017, enacted on 15 December 2017, prohibited animal testing for cosmetics and related products within the state and included provisions restricting the sale of animal-tested products from other states and requiring “cruelty-free” labelling. Before the 2021 ruling, several Brazilian states had adopted similar bans — São Paulo (Law 15.316/2014), Amazonas (Law 289/2015), and others. The STF had previously upheld the Amazonas state ban unanimously in ADI 5.996 on 15 April 2020, establishing that states have constitutional competence to prohibit cosmetic animal testing — documented in a separate Development record. ABIHPEC filed ADI 5.995 in 2018 challenging the Rio de Janeiro law on grounds of federal legislative exclusivity over interstate commerce and animal experimentation. The Federal Public Prosecutor’s Office (Procurador-Geral da República Augusto Aras) submitted an opinion supporting partial upholding of the law, acknowledging state competence over testing while raising issues around commerce and labelling. Humane Society International and allied advocacy organisations supported both state laws throughout the legal challenges. Federal Law No. 15.183/2025, effective 31 July 2025, subsequently banned cosmetic animal testing across Brazil at the national level, explicitly referencing the 2021 STF ruling on state competence as part of its constitutional context.


System Impact

Direction

Reduces Exploitation

Type

Alters Legal Basis

Significance

Moderate

The STF plenary issued its judgment on 27 May 2021 in ADI 5.995. By a 10–1 majority, the court upheld the provisions of Rio de Janeiro Law 7.814/2017 prohibiting animal use in cosmetic and related product development, experimentation, and testing within the state. By a 6–5 majority, the court declared unconstitutional the provisions restricting sale of animal-tested products from other Brazilian states and requiring “no animal testing” labelling declarations. The decision confirmed that Rio de Janeiro authorities may enforce the testing prohibition against laboratories and companies conducting cosmetic development and testing within the state, while manufacturers and distributors from other states may continue to sell animal-tested products in Rio de Janeiro. Subsequent legal analyses published through 2025 treat the 2021 ruling as settled precedent confirming state competence over testing prohibitions and federal competence over interstate commerce and labelling. Federal Law No. 15.183/2025 (effective 31 July 2025) subsequently enacted a national ban on animal testing for cosmetic ingredients and products and addressed labelling at the federal level, building on the constitutional framework established by the 2020 Amazonas and 2021 Rio de Janeiro rulings.

Anticipated Effects

If implemented as written and enforced by Rio de Janeiro state authorities, Law 7.814/2017 as upheld would require facilities in Rio de Janeiro that use animals for cosmetic and related product development and testing to cease those activities or relocate testing to jurisdictions without equivalent bans.

The invalidation of commercialisation and labelling provisions means manufacturers testing animals in other Brazilian states or abroad may continue to sell those products in Rio de Janeiro, limiting the ruling’s effect on product availability and consumer information in the state market.

If the STF’s constitutional demarcation between state testing competence and federal commerce/labelling competence continues to be applied consistently, Brazilian states may enact and enforce further cosmetic testing bans without federal constitutional challenge, while labelling and import/sales restrictions would require federal-level action — which was provided by federal Law No. 15.183/2025.

Significance Rationale

Assigned Reduces Exploitation (impact direction) because the STF confirmed the enforceability of Rio de Janeiro’s prohibition on using animals for development, experimentation, and testing of cosmetics, personal hygiene products, perfumes, and cleaning products within that state. The commercialisation and labelling provisions being struck does not reverse or diminish the testing prohibition itself.

Assigned Alters Legal Basis (impact type) because the primary mechanism is the STF’s constitutional ruling — confirming the legal basis for the state testing prohibition while simultaneously striking the commercialisation and labelling provisions as beyond state competence. The decision both affirms and delimits the legal framework for cosmetic animal testing prohibition at state level.

Assigned Moderate significance because the decision directly concerns one Brazilian state and one sector (cosmetics and personal care testing). No quantified animal number changes are documented in available sources. However, the ruling is the first STF decision to draw the constitutional line between state competence (testing) and federal competence (interstate commerce, labelling), a distinction directly applied in subsequent federal legislation. This constitutional demarcation gives the ruling broader structural significance than the Amazonas ruling, though both are Moderate within SE’s operational framework — one state, one sector, no documented system-level scale change.

The duration and persistence of the scale change in cosmetic animal testing in Rio de Janeiro is not established in available sources; no quantitative data on animal testing volumes before or after Law 7.814/2017 or the 2021 ruling are reported in sources consulted.


Within The System

Affected Animals

Rabbits
Rats
Mice
Guinea Pigs

Affected Practices

Vivisection

Industries

Animal Research & Testing

Key Actors

The Supremo Tribunal Federal (STF), sitting in plenary with 11 justices, issued the judgment. Justice Gilmar Mendes served as rapporteur (relator). ABIHPEC filed ADI 5.995 in 2018 and lost on the testing prohibition question. The State of Rio de Janeiro (represented by the ALERJ legislative assembly) was the respondent. Procurador-Geral da República Augusto Aras submitted an opinion supporting partial upholding of the law. Humane Society International and its Brazilian affiliate publicly supported the law and reported on the decision. Federal Law No. 15.183/2025 subsequently enacted at national level what Rio de Janeiro’s commercialisation and labelling provisions could not achieve at state level.

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