The Avon Lady comes collecting Asian medicinal plants

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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
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The Avon Lady comes collecting Asian medicinal plants

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