Cosmetics giant Estée Lauder was penalized $750,000 by federal authorities for incorporating “forever chemicals” in some of its eyeliner formulations, admitting guilt to two counts of breaching the Canadian Environmental Protection Act. In May 2023, officers from Environment and Climate Change Canada discovered the presence of perfluorononyl dimethicone, a silicone polymer used to enhance the longevity, durability, and water resistance of makeup products, in certain eyeliner items.
Perfluorononyl dimethicone falls under the class of substances known as PFAS, a group of synthetic compounds notorious for their resistance to degradation in the environment and human body, earning them the moniker “forever chemicals.” The company was mandated to inform the government prior to importing, selling, or distributing products containing this substance, a regulatory step aimed at assessing potential health and environmental risks in advance.
Despite receiving an environmental protection compliance order in June 2023 outlining necessary actions for legal compliance, Estée Lauder failed to adhere to the directives. As a result, the Ontario court of justice has instructed the company to notify its shareholders about the conviction, alongside adding its name to the environmental offenders registry. The imposed fine is slated to contribute to the federal government’s environmental damages fund, which allocates funds from fines, penalties, court mandates, and voluntary contributions to environmental restoration projects.
Environmental advocacy groups, including Environmental Defence, Ecojustice, and Breast Cancer Action Quebec, expressed satisfaction at seeing the government enforcing chemical reporting regulations and holding Estée Lauder accountable. They emphasized the need for Canada to align with other jurisdictions in swiftly phasing out PFAS in products to prevent becoming a repository for banned substances. Additionally, they urged the government to finalize the categorization of PFAS under the Canadian Environmental Protection Act, draft regulations for removing PFAS from cosmetics and textiles, and secure ongoing funding for the chemicals management plan to ensure adequate resources for regulatory enforcement and research activities.
Notably, Estée Lauder is not the sole company penalized in recent times for including perfluorononyl dimethicone in its products. In March 2024, Groupe Marcelle Inc. was fined $500,000 by the Court of Quebec for marketing cosmetics, such as eye and lip pencils under the Lise Watier, Marcelle, and Annabelle brands, containing the said substance. Following the penalty, the implicated products were withdrawn from circulation as per the directives of Environment and Climate Change Canada.