The Avon Lady comes collecting Asian medicinal plants

TWNT h i r d W o r l d N e t w o r kB r i e f i n gP a p e r 64www.twnside.org.sg May 2012The Avon Lady comes collectingAsian medicinal plantsIconic cosmetics firm seeking to patent numerousAsian medicinal and food plantsby Edward HammondAvon Products, the US-based cosmetics firminternationally known for its “Avon Ladies”, hastaken a strong interest in Asian medicinal plants,patenting and incorporating them into its skincare products. The company has filed six patentapplications on use of Asian plants in skin creamsin the past several years. These claims collectivelycover 16 different Asian plant species. To date,three US patents have been issued, and Avon isseeking rights in other countries, including insideAsia itself.Five of the 16 plants claimed in the patent applicationsare already in use by Avon, and oneor more of them can be found in more than twodozen Avon skin and eye care products currentlysold worldwide. Four of the company’s majorskin care product lines contain these patented, orpatent-pending, plant ingredients.All of the plants that Avon claims have traditionalmedicinal use in Asian countries, and some ofthem have been used to treat skin disorders. Mostof the plants are found in more than one Asiancountry, and are traditionally used in multiple cultures.It would thus likely prove difficult for anysingle country to exclusively assert sovereigntyover the claimed resources.This signals the importance of regional cooperationunder the Convention on Biological Diversity(CBD) and its Nagoya Protocol on Access andBenefit-Sharing. Because many of the plants Avonclaims, and relevant traditional uses of them,occur in multiple countries, collective action ismore likely to bring a positive result in casessuch as this. Avon’s claims also indicate the needfor a robust clearinghouse mechanism under theNagoya Protocol so as to promote awarenessof regional access and benefit-sharing issues.The lucrative skin care marketThe skin cream market is bigger business thanmany might suspect. It is the largest segment of theglobal “personal care products” industry which,according to analysts, will reach $333 billion inannual sales by 2015. Skin care is estimated to accountfor more than one-quarter of that amount,or roughly $90 billion per year. 1To put that large number in perspective, eachyear across the globe people spend about as muchmoney on skin cream as they do on Sony electronics($87 billion), and more than is spent on pet food($80 billion). Skin cream sales sum three to fourtimes as much as the United Nations DevelopmentTWN Third World NETWORK is a network of groups and individuals involved in bringing about a greater articulationof the needs, aspirations and rights of the people in the Third World and in promoting a fair distribution of world resources andforms of development which are humane and are in harmony with nature.Address: 131, Jalan Macalister, 10400 Penang, MALAYSIA Tel: 60-4-2266728/2266159 Fax: 60-4-2264505E-mail: twnet@po.jaring.my website: www.twnside.org.sg1

Programme (UNDP)’s estimate for the annualcost to provide universal safe drinking water andsanitation services ($20-$30 billion). 2Analysts say that the worldwide market growthis driven by the larger number of women over50 years of age, increases in women’s disposableincome and greater male interest in skin care products.The skin cream market is particularly strongfor products that make “anti-ageing”, “firming”and “anti-cellulite” claims.Not coincidentally, these claims are precisely thesubject of Avon’s patent applications on Asianplants. In 2009, the Asia-Pacific market for suchproducts was 41% of the world total, or about$33 billion, and continued expansion in Asia isconsidered a priority for the industry, 3 which isdominated by US and European companies.Avon Products, Inc.With $11 billion in annual sales and a marketcapitalization of over $9 billion, US-based Avon isa significant player in the cosmetics and personalcare industries. Founded in 1886, the company wasa pioneer of multi-level marketing and, in manyparts of the world, the “Avon Lady” is a familiarphenomenon.The company pursues a similar business strategyeverywhere, focusing on what industrycalls “direct sales”, by putting women into thebusiness of selling Avon products to friends andacquaintances. These saleswomen, in turn, convertsome of their customers into dealers themselves,building and perpetuating a sales chain in whichtransactions largely occur in living rooms andon street corners, rather than in Avon-brandedstorefronts.More recently, the company has also started onlineand kiosk sales, especially in countries that haverestrictions on multi-level marketing, includingChina. The company has also simplified globalproduct lines, with its current offerings varyinglittle from country to country.Avon is profitable, paying an annual dividend ofnearly $1 per share of its stock. Through a charitablefoundation the company claims (in confusingand perhaps misleading language) to be the“largest corporate supporter focused solely on women’sissues across the globe”.The company’s marketing tends toward imagesof a “high-tech” product development processled by scientists in laboratory coats at a researchheadquarters in the US state of New York. Althoughnatural products are not the main thrustof Avon’s marketing, review of the Avon productingredients reveals very frequent use of plantextracts (discussed in more detail below).Avon appears eager to expand its skin care offerings.In 2010, it bought UK-based Liz Earle, askin cream company with a different marketingapproach, selling in storefronts and on televisionshopping channels. Botanical ingredients are amatter of emphasis for Liz Earle, whose corporatetagline is “naturally active skincare”.Advertised or not, however, plants are animportant part of Avon’s skin products.Avon’s patent claims on Asian plantsAvon’s intellectual property claims reveal thecompany to be particularly interested in Asianmedicinal and food plants. The company hasrecently obtained three patents on such plants,and three more patent applications are pending.Collectively, the plants are associated with countriesacross the region, including Southeast Asia,China and South Asia. In total, claims are madeon the use of 16 different Asian plants in skin careproducts. Avon’s patents and patent applicationsare summarized in the chart on the following page,which includes some of the common names usedfor the plants that are claimed.Avon appears to be pursuing its claims not only inthe US, Canada, Japan and Europe, but in developingcountries as well. Only limited informationon the international status of patent applicationsis available online. However, the World IntellectualProperty Organization (WIPO)’s Patentscopedatabase indicates that at least three patent applicationshave been lodged in China and two inMexico. More may exist without being reflectedin the WIPO data.The plants that Avon claimsHow Avon accessed the plants that it claims is notknown. Some, such as Eclipta prostrata, are relativelyubiquitous and could be obtained virtuallyanywhere. Others, such as Stephania rotunda, arefar more likely to be sourced from Asia itself, certainlyif needed in any considerable quantity. Inthe past, Avon has maintained company researchersin Asia and relationships with Asian academicinstitutions. In all of the patents described here,however, Avon company employees based in2

Avon’s Objects of Desire: Asian Medicinal PlantsPATENT/APPLICATIONNUMBERSWO2012002950US2012003331WO2012005876US20120003332TITLE GENERAL TOPIC PLANT CLAIMUse of Tiliacoratriandra incosmetics andcompositionsthereofCompositionsand methods forstimulatingMAGP-1 toimprove theappearance ofskinSkin care productsSkin care products thatwork by stimulatingproduction ofmicrofibril-associatedglycoprotein 1 (MAGP-1)Use of bai yanang (no English common name), foodand medicinal plant used in Laos, Thailand,Vietnam, Cambodia, etc. (dây sng sâm [VN], [LA], [TH]).Claims several Asian plants that may be used tocreate MAGP-1 skin care products. These are:Antidesma bunius: bignay [PH], buni [MY], wooni[ID], etc.; Operculina turpethum: turpeth, pitohri[IN], St. Thomas lidpod; Ixora chinensis: pechahpriok [MY], siantan [ID], etc.; Clerodendron lindleyi: jian chi xiu mo li [CN]The patent application claims additional plantswhen they are mixed with an extract of the aboveplants, or a functionally equivalent chemical.US Pat 7,618,662WO2006068777MX/a/2007/007376JP2007548241EP2005825815CN200580035328.6Use of naturalplant extracts incosmeticscompositionsSkin care products thatwork “to stimulate lipidproduction, adiponectinproduction, adipocytedifferentiation, PPARgammainduction,and/or anycombinations thereof”Claims several Asian plants that may be used tocreate skin care products of the invention. Theseare:Humulus scandens: lü cao [CN], widelynaturalized; Amorphophallus campanulatus:elephant foot yam, etc.; Pouzolzia pentandra (syn:Gonostegia pentandra Roxb. Miq.); Rhinacanthusnasutus: snake jasmine, kabutar ka phul [IN], etc.;Sesbania grandiflora: agati, agathi, food plant,widely distributed; Piper betel: betel nutUS Pat 7,514,092WO2006068786CN200580040937.0CA2588128EP2005852369JP2007548242Compositionsand methods oftheir use forimproving thecondition andappearance ofskin“A method ofameliorating, reducing,or treating progressivedegradation of a dermalepidermaljunctionand/or degradation of acell-cell cohesion inskin”Claims several Asian plants that may be used tocreate skin care products of the invention. Theseare:Plumbago indica: scarlet leadwort, India native,widely grown; Sapindus rarak: lerak [ID], “soapnut”; Stephania rotunda: bình vôi [VN], “sabooleard”US Pat 7,410,658WO2006068776EP2005825830MX/a/2007/007510CN200580036088.1US20110305781WO2011156136Use of Alismaorientale incosmetics andcompositionsthereofUse of Ecliptaprostrata andother PPAR-GAMMAinhibitors incosmeticsTreatment to reducecelluliteTreatment to reducecelluliteClaims use of Alisma orientale ( dong fangze xie) to treat skin problems.Claims Eclipta prostrata (false daisy) for cellulitetreatment. Widely distributed, with traditionalAsian medicinal use on skin.Note: CN – China; ID – Indonesia; IN – India; LA – Laos; MY – Malaysia; PH – Philippines; TH – Thailand; VN – VietnamNew York are indicated as the inventors, stronglysuggesting that the research and product developmentoccurred there.The company’s claims are of varying specificity.All of the claims relate to use of the Asian plants4in skin care products. Some patent applicationsappear relatively specific, for example, claimingthe use of plants to stimulate production of aparticular protein by the skin (e.g., applicationWO2012005876), while others, such as the claimson Tiliacora triandra (WO2012002950), are broader3

and in effect claim use of that plant as an ingredientin any product that improves “the aestheticappearance of aging skin”.Most of the 16 plants Avon claims are familiar foodand medicinal plants in different Asian countries,including the following examples:Bignay: In patent application WO2012005876,Avon claims use of four different Asian plantsused in skin care products that stimulate productionof a skin protein called MAGP-1. Amongthem is the bignay (Antidesma bunius), a fruit treegrown across Asia. Also called “mao luang” or“currant tree”, the bignay’s striking strands ofmulticoloured fruit are a popular food in Indonesia,while in the Philippines and Thailand, the fruitis both eaten and made into a wine. Bignay is veryfrequently cited among inventories of medicinalplants of diverse cultures across the region.Elephant foot yam: In US patent 7,618,662, Avonclaims use of six different Asian plants in productsthat stimulate fat production by the skin (whichis said to improve appearance). Among the plantsclaimed is Amorphophallus campanulatus, an aroidknown in English as the elephant foot yam. Grownfor its edible tuber, the elephant foot yam planthas a pungent odour and many documentedtraditional medicinal uses, including to treat skindisorders. 4Agati: Also claimed in US patent 7,618,662 isSesbania grandiflora, or agati (sometimes “agathi”).Frequently grown in Southeast Asia and India, theplant’s leaves are used for food and, in Thailand,its flowers used in soups. It is also used in bothAyurvedic medicine and traditional medicine inSoutheast Asia, including for skin problems.Bai yanang: Avon claims use of Tiliacora triandrain skin care products in patent applicationWO2012002950. With no English common name,the plant is usually called bai yanang, or simplyyanang, its name in Laos and Thailand. Bai yanangis closely associated with the foods of Laos andthe Isan culture of Thailand, where the leaves ofthis commonly cultivated plant are used in soups.In Vietnam, the plant is used to create a popularjelly.False daisy: In patent application WO2011156136,Avon claims Eclipta prostrata, known as false daisy,as a cellulite treatment. False daisy is a native ofthe Americas that is widely distributed around theworld. It can be considered Asian, however, becauseits medicinal use has mainly been developedthere. In China, its use for many health problemswas advised in the manual for that country’s famous“barefoot doctors”, 5 while it also appears inaccounts of Indian traditional medicine, includinguse to treat skin problems. 6Alisma orientale: Avon has obtained exclusiverights to another Chinese plant in US patent7,410,658, which claims use of Alisma orientale totreat skin problems. Known as dong fang ze xie,the plant grows on the margin of lakes and pondsin a large part of China and in some surroundingcountries.Bình vôi: In US patent 7,514,092, the companyclaims skin treatments using any of three Asianplants, including Stephania rotunda, an unusualplant cultivated in Vietnam. There it is called bìnhvôi, meaning “lime pot”. The name refers to theshape of the plant’s unusual tuber, which is mostlyabove the soil, and which resembles the shape ofceramic pots used to hold lime (for betel nut chewing).English sources sometimes give the plant’sname as “saboo leard”.Soap nut: Also claimed in US patent 7,514,092 isSapindus rarak. This species is one of several thatare sometimes called “soap nut” in English. S. rarakis particularly well known in Indonesia, whereit is called lerak. As its English name implies, theplant’s seeds produce soapy compounds and, inIndonesia, lerak is favoured for use in washingtraditional batik fabrics. Like many other plantsclaimed by Avon, lerak is well known in Asiafor traditional medicinal uses, including on theskin.The Fountain of Youth: Asianmedicinal plants in Avon productsThe ingredients of Avon products were reviewedto determine how the plants that the companyclaims are being used. To date, five of the plantsclaimed in the patents and patent applicationscan be found in Avon’s skin care products: falsedaisy (Eclipta prostrata), elephant foot yam (Amorphophalluscampanulatus), agati (Sesbania grandiflora),Pouzolzia pentandra 7 and soap nut (Sapindusrarak). Because each plant is used in several itemswithin an Avon skin care product line, the fiveplants can collectively be found in more than 24Avon products.Like a modern commercial version of the Fountainof Youth legend, all of the four product linesthat contain the Asian plant extracts consist ofitems that claim to make the skin of users ap-4

Plant Related patent claim Avon productsEclipta prostrata WO2011156136 “Anew Ultimate” and“Anew Rejuvenate” product linesAmorphophallus campanulatus US Pat 7,618,662 “Anew Reversalist” productsWO2006068777Sesbania grandiflora US Pat 7,618,662 “Anew Reversalist” productsWO2006068777Pouzolzia pentandra US Pat 7,618,662 “Anew Platinum” productsWO2006068777Sapindus rarak US Pat 7,514,092 “Anew Platinum” productsWO2006068786pear younger. Each product line is marketed towomen of a particular age range, for whom theproduct is allegedly specifically formulated. Forexample, “Anew Platinum” products are marketedto women over 60 years of age.The company’s financial statements report all“beauty” sales together; thus, specific figures forsales of products containing the patented andpatent-pending ingredients are unavailable. Asthey constitute a large proportion of Avon’s entireskin care offerings, however, they are likely to bea significant part of the company’s approximately$8 billion annual beauty category sales.Avon’s formidable marketing promotes the productsas restorative of youth, with claims that canapproach the absurd, such as the assertion thatafter using one product “75% of people felt like theyhad new skin overnight”. 8A stable of Hollywood stars makes global productendorsements – Jacqueline Bisset for the older set,Reese Witherspoon for the 30- and 40-somethings,etc. These actresses are supplemented by regionallyknown fashion models and celebrities who pushsales at events hosted by Avon’s national sales offices.“‘I am excited to be working with Avon on theAnew Platinum Collection, as it specifically addressesthe needs of women with my skincare concerns,’ revealsJacqueline,” gushes one Avon press release, quotingthe 67-year-old star of the late 1960s and 1970s. 9Biodiversity Convention and NagoyaProtocol implicationsWhere and when did Avon acquire the plants itclaims, and what, if any, benefit-sharing arrangementsare in place? The answers to these questionsmay clarify the implications of Avon’s patentclaims for countries that are CBD Parties, particularlythose that have joined the Nagoya Protocolor that already have national access and benefitsharing(ABS) laws. Unfortunately, however, thereis little concrete information available.No documentation could be located regarding anybenefit-sharing agreements in relation to Avon’spatent claims, and it appears unlikely that anyexist. All of the inventors in Avon’s patent claimsare indicated to be at Avon’s research facility inNew York. Avon’s philanthropic arm, the AvonFoundation, is exclusively focused on fundingbreast cancer research and programmes aimedat preventing violence against women. Whileworthy causes, these do not appear to have anybenefit-sharing relationship with the company’suse of biodiversity, particularly considering thatthe Foundation’s publications do not reflect anyinterest in environment, biodiversity or traditionalknowledge issues.What is clear, however, is that all of the plantsthat Avon has claimed are native to more thanone Asian country or have been long used in morethan one Asian country. It is also unmistakablethat in at least some cases, Avon’s use of the plantsin skin care products was preceded by use of thesame plants to treat skin ailments in traditionalmedicine. This situation is indicative of the needfor a robust clearinghouse under the Nagoya Protocoland for regional cooperation when plantsand knowledge about them spill over borders. Forexample, in the case of bai yanang, it appears thatcultivation and traditional use is common in Laos,Vietnam and Thailand, and that any response toAvon’s patent application would be stronger if itincluded participation of more than one country.A robust clearinghouse mechanism under theNagoya Protocol would increase the possibilityof early detection and response to cases involvinggenetic resources found in more than one country.For example, Avon’s use of Eclipta prostrata may5

implicate traditional knowledge, even if the plantitself could be obtained from a variety of locations.Similarly, Pouzolzia pentandra is a herb thatcould be sourced from several countries, althoughtraditional knowledge pertinent to Avon’s use ofthe plant may not be held in all of those places.ConclusionAvon Products, Inc. is freely availing itself of Asianmedicinal plants, with patents or patents pendingon 16 different species at the time of writing. Fivespecies under patent claim are already incorporatedinto commercialized Avon products that anchorits skin care business worldwide. The plantsare found in countries across Asia and frequentlyhave traditional use in multiple cultures. Avon’spatent claims are of varying breadth and, in somecases, appear to mimic traditional uses. Becausethe plants and their uses are diffused through theregion, cooperation among countries appears keyto addressing the situation.What can be done? Firstly, documentation of therelevant traditional medicinal uses (e.g., on theskin, in eye care) of these plants should be assembled.Most of this knowledge may be held byindigenous peoples and traditional communitiesand/or otherwise recorded in countries of origin.This information may be important in any discussionswith the company.Secondly, governments may ask Avon to producedocumentation of where, when, and with what informedconsent and benefit-sharing arrangementit has collected plants and possibly knowledge.Because the plants and knowledge are geographicallydispersed, and because several patent applicationsclaim multiple plants, this request toAvon would be most appropriately advancedby countries working in cooperation with eachother. It appears likely that informed consent andbenefit-sharing arrangements are inadequate, andmay be non-existent.With those facts established, the degree of Avon’srespect for the CBD and pursuant national ABSlegislation can be gauged. Although Avon is aUS-based company (the US has not ratified theCBD), it is engaged in the skin care businessthrough subsidiaries it controls in Asia, whereall countries are CBD Parties. This business isimportant for Avon. Current sales and futuresales growth in Asia are critical to the company’slong-term success, and this factor may be usedto encourage the company to redress the presentsituation and to undertake to respect CBD obligations,ABS law and traditional knowledge inits future business use of plant ingredients.Edward Hammond directs Prickly Research (www.pricklyresearch.com), a research and writing consultancybased in Austin, Texas, USA. He has worked on biodiversityand infectious disease issues since 1994. From1999 to 2008 Hammond directed the Sunshine Project,an international non-governmental organization specializingin biological weapons control. Hammond was ProgrammeOfficer for the Rural Advancement FoundationInternational (now the ETC Group) from 1995 to 1999.He holds MS and MA degrees from the University of Texasat Austin, where he was an Inter-American FoundationMasters Fellow.Endnotes1. Global Industry Analysts (2012). Global Personal CareProducts Market to Reach US$333 Billion by 2015 (pressrelease), 15 February. Also: Research and Markets (2012).Analysts Forecast That the Global Skin Care Market IsExpected to Reach US$90.1 Billion by 2014 (press release),14 February.2. UNDP (2006). Human Development Report 2006, p. 42.3. Euromonitor (2011). The Global Market for Skin CareProducts, 20 January. URL: http://blog.euromonitor.com/2011/01/the-global-market-for-skin-care-products-.html4. Rahmatullah M et al. (2010). Comparative Analysis ofMedicinal Plants Used by Folk Medicinal Healers in VillagesAdjoining the Ghaghot, Bangali and Padma Riversof Bangladesh. American-Eurasian Journal of SustainableAgriculture, 4(1): 70-85.5. A Barefoot Doctor’s Manual (English translation), p. 220.Running Press, 2003.6. Khan AV and AA Khan (2008). Ethnomedicinal uses ofEclipta prostrata Linn. Indian Journal of Traditional Knowledge,April, p. 316.7. Pouzolzia pentandra (syn: Gonostegia pentandra Roxb. Miq.)is a herb found from India to Southeast Asia. Frequentlymentioned in relation to Thai traditional medicine, itstraditional uses include treatment of skin rashes.8. Avon Products (2012). Anew Reversalist Renewal Serum(web page). URL: http://shop.avon.com/shop/product.aspx?code=&level1_id=300&level2_id=302&pdept_id=327&dept_id=650&pf_id=375349. Avon Products (2010). Avon Introduces Renowned ActressJacqueline Bisset as Face of ANEW Platinum (pressrelease), 23 August. URL: http://media.avoncompany.com/index.php?s=10922&item=231256