Ontario Court Fines Estee Lauder $750K for ‘Forever Chemical’ Use
An Ontario court recently imposed a $750,000 fine on Estee Lauder for violating environmental regulations. This penalty follows the company’s guilty plea under the Canadian Environmental Protection Act.
Details of the Case
Estee Lauder Cosmetics Ltd. admitted to failing to notify the government about a “significant new activity” related to its eyeliner products. The violation was confirmed on January 13, marking a significant legal development for the company.
The issue arose nearly three years prior when Environment and Climate Change Canada discovered the presence of perfluorononyl dimethicone in certain eyeliner formulations during routine inspections. This ingredient is a type of per- and polyfluoroalkyl substance (PFAS), commonly referred to as a “forever chemical” due to its persistence in the environment.
Background on “Forever Chemicals”
- Perfluorononyl dimethicone is used to enhance product durability.
- Environmental officials warn that PFAS do not easily degrade, posing long-term risks.
Regulatory Framework and Compliance
In June 2022, Cosmetics Alliance Canada informed its members about the regulations surrounding the use of perfluorononyl dimethicone. This advisory highlighted the necessity of filing a Significant New Activity (SNAc) Notice before the ingredient can be marketed in Canada. Such precautions allow authorities to assess potential health and environmental impacts effectively.
On June 8, 2023, enforcing officers issued a compliance order to Estee Lauder. The order specified the steps necessary for the company to meet the standards set forth in the Canadian Environmental Protection Act.
Consequences of the Violation
- Estee Lauder will be added to the Environmental Offenders Registry.
- The registry tracks corporate infractions against environmental laws in Canada.
- The payment from Estee Lauder will go to the federal government’s Environmental Damages Fund.
- The court mandated that Estee Lauder inform shareholders about the conviction.
This fine underscores the increasing scrutiny on cosmetic companies and their compliance with environmental regulations. As consumer awareness grows, companies like Estee Lauder must navigate the complexities of both product safety and environmental responsibility.
