Oscar's Blog

No regulations for pet products does not mean no Animal Rights. On the contrary, Animal Laws have expanded since they first began.

Historically, pets were considered to be property by the law. Owners were responsible for the damage caused by their pets and if the pets were injured, the compensation was calculated based on the value of the animal. Then, some concerns about the well being of the animals started to appear in the 1800. Great Britain was the first country to address issues about animal welfare. Regulations in regards to animal cruelty started to be adopted throughout all Europe. In the US, some states started to pass bills between 1828 and 1898 whereas others totally prohibited animal experiments. There was a shift in the way people regarded animals. The moral and legal status of the animal was changing, creating the foundation of the animal laws we have now. However, it was only in 1966 that the first US federal legislation about research with animals was passed.

The first animal rights lawsuit was initiated by the lawyer Henry Mark Holzer in the 1970’s for the protection of the farmed animals against religious practice of ritual or “kosher� slaughter. This lawsuit is known as one of the first and most important court cases which sought to improve Animal cruelty regulations http://www.aldf.org/article.php?id=1034. Through his involvement with this case, Holzer established himself as the first animal rights lawyer.

Since then, many lawsuits have been filed, giving more and more confidence to the different organizations to take legal actions. Those movements have influenced the shape of our current animal laws and helped legislation expand. So now, our pets are not just considered property, but also as beings that can have emotions such as loyalty, love, sadness, pain, and fear. Personally, when my dog Nola jumps on me, licking my face because she has not seen me for a day, when she slips in between me and another dog that I am petting because she wants my attention, or when she pulls back her ears, staring down with a sad look because she chews on some furniture she was not supposed to, she is not just a “being�; she has feelings and has become a part of my life. She is more than human.

The Practice of Animal Law
Here is the list of the different areas of the Animal laws:

(a) discrimination against the disabled due to their need for a service animal;

(b) injuries or deaths of animals and the rights of their owners/guardians; animal cruelty and the humane treatment of animals

(c) custody disputes

(d) dog bites and attacks

(e) veterinary malpractice

(f) disputes involving condominium associations and condominium members over the right of the members to own animals

(g) contract disputes between sellers and buyers of animals

(h) the rights of real estate developers and the protection of endangered species

(i) Pet food

Why don’t we have regulations to protect the pets that have become members of our families? I feel like some verification performed by an official agency would make it more complicated for the companies to deceive the public. For example, just by adhering to the INCI classification, the manufacturers would be forced to conform to the same strict and efficient system; as a result, the consumers would avoid any confusion about the type of plant/ingredient that are used in the formulas. Even if we don’t necessarily understand that language, using common names helps us more easily retrieve the origin of the plant and its properties. Consequently, the consumer would not need to play a pairing game, figuring out what ingredient the manufacturers were using that matches with the ingredient labeled. Vague or commercial names can be interpreted differently and can refer to various species of plants.

In addition, it would be so easy for each company to commit to adding the ingredient list on the label and perform safety tests at the beginning of the product conception. In Europe, they do it automatically for each new product marketed (see entry about The regulations in the Cosmetics and Perfume industry). I am sure the most renowned brands already conduct some type of research and testing, but how do we have that guarantee? You would think that the companies would use their common sense to market safe products and act in the consumer’s best interest; yet, we have seen in the past that some are driven by money. Unfortunately, they don’t always behave responsibly.

US cosmetics are not well regulated, so why would it be different for pets?

A month ago, I contacted Pamela Alexander, lawyer for the Animal Legal Defense Fund. I asked her if she had any information about the regulations for pet products. She replied that it was not their focus right now. I must confess that her answer shocked me. So I looked for an attorney specializing in animal laws to know the reasons behind that statement. Before talking to him, I thought that since the organizations in favor of animal rights fight everyday against so many other subject matters such as animal cruelty, animal testing, rescues, etc, pet product regulations was just not a priority. I thought it was like in Cosmetics: there might not have been enough funds for this particular matter especially since the FDA would have to create an agency to supervise the process, including the labeling and the lab tests. The companies would be obligated to readjust their formula and re-work on their label. The brands would also be worried about the secrecy of their formula. In clear, the FDA would be pressured by the companies that do not want regulations that oppose their profitable expansion; meanwhile the consumer groups would demand more caution and more regulations.

The reasons are actually surprisingly different. Ten- twelve years ago, there was no interest for animal laws, nor a market for pet products. People would not spend money and time on their pet. They would only complain if they were directly affected (bites by dogs for example). As a result, there were not political forces to represent the pet owner and the pet’s interests. But gradually, the pets have played an important role in our lives. They have become members of our family. While, pet owners have been more and more alarmed about their protection, more lawyers have been interested in the claims. The cases have been published making the common laws, which describe how the laws are applied by the judge. Those common laws help pet owners and lawyers understand how the claims were resolved and engender the general opinion to progress.

As it is a new area of concerns, the pet ownership has still a small political force. In order to grow it, pet owners need to find more representatives and pressure them to act. More we make it important for us, more the representatives will have to pass laws. That is why it is essential we keep complaining about the lack of regulations for our pet products. So we can fill it.

A year ago, a client came to me with an original idea: perfume for dogs. At first, I tried to gather information about pet product production requirements. As you can imagine, if I did not spend a long time reviewing US cosmetic regulations, I did not need any time for the pet product protocol for there are no pet product regulations!

So how do products get manufactured without guidelines? Well, whenever companies formulate grooming products for pets, they follow the cosmetic standards for humans; however, they modify a few ingredients in order to be suitable for pets. Since dogs have a lower pH balance, using human shampoos regularly on their coat can cause serious skin problems.

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France is the capital of the cosmetics and perfume industry. Nonetheless, as a result of globalization, you can purchase very good cosmetic products throughout the world.

Each country has its regulations, yet there are common rules. France collaborated with other countries from the European Union to make common cosmetics and perfume regulations. Consequently, all the countries from the European Union follow the same strict regulations when cosmetic products are manufactured. In addition, companies need to obtain a sales certificate for each marketed product before they are authorized to sell it. Before submitting the materials to obtain this certificate, they perform several mandatory lab tests, one of which confirms that the product is not toxic to human beings. The labeling is also an important part of the submission protocol to the certified agency that delivers the certificate. Companies need to follow certain standards on the label, for it protects the consumers from any false statements. This is a short summary of the process you have to follow when you manufacture a product in Europe.

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