Ontario Court Fines Estee Lauder $750K for ‘Forever Chemical’ in Eyeliners
An Ontario court has imposed a significant fine of $750,000 on Estee Lauder for violations related to the Canadian Environmental Protection Act. The decision came after the cosmetics giant admitted to not reporting the presence of a harmful substance in some of its eyeliner products.
Details Surrounding the Fine
Estee Lauder Cosmetics Ltd. pled guilty on January 13 for failing to notify authorities about a significant new activity. This activity related to the silicone polymer, perfluorononyl dimethicone, found in its eyeliners. Known as a ‘forever chemical’, this substance is a type of per- and polyfluoroalkyl substance (PFAS) that is resistant to degradation, raising environmental concerns.
Background of the Violation
- The infraction was uncovered during a routine inspection by Environment and Climate Change Canada enforcement officers nearly three years prior.
- In June 2022, Cosmetics Alliance Canada informed its members that the use of perfluorononyl dimethicone required a Significant New Activity (SNAc) Notice.
- This notice mandates companies to disclose any new ingredients prior to their sale in Canada to assess potential risks.
Environment Canada emphasized that this requirement is vital for evaluating potential health or environmental hazards before products hit the market.
Subsequent Actions Taken
On June 8, 2023, Estee Lauder received a compliance order to address the new activity and take necessary steps to align with regulations under the Canadian Environmental Protection Act. Following the court’s ruling, Estee Lauder will be listed in the Environmental Offenders Registry, which documents corporate violations of environmental laws in Canada.
Obligations After Conviction
- Estee Lauder must pay the $750,000 fine to the federal government’s Environmental Damages Fund.
- The company is required to inform its shareholders about its recent conviction.
This case highlights the increasing scrutiny on cosmetic companies regarding their use of potentially harmful ingredients and their compliance with environmental regulations.
