ECHA Board of Appeal decision highlights need to include REACH Article 25 in notices of appeal

In case A-012-2023, PETA Science Consortium International e.V. intervened on behalf of the Appellant, DSM Nutritional Products GmbH, regarding the European Chemicals Agency’s (ECHA)’s request for an amphibian metamorphosis assay to assess potential endocrine disruption. The Board of Appeal ruled in favour of ECHA, dismissing the Appellant’s claims of errors in the evaluation and assessment.

However, the Board of Appeal could not consider the impact of REACH Article 25, the requirement to test on animals as a last resort, as this was not explicitly raised by the Appellant in their notice of appeal. The decision highlights the importance of raising REACH Article 25 in appeals where animal tests are concerned to ensure that the Board of Appeal can consider all available evidence.

For more information about the case, click here.