Cosmetics giant Estée Lauder has been penalized with a $750,000 fine following the discovery by federal agents that certain eyeliner products contained “forever chemicals.” The company admitted guilt to two charges of breaching the Canadian Environmental Protection Act. In May 2023, enforcement officers from Environment and Climate Change Canada uncovered that Estée Lauder was selling eyeliner items with perfluorononyl dimethicone as an ingredient, a silicone polymer used to enhance makeup’s longevity, durability, and water resistance, falling under the group of substances known as PFAS.
These chemicals are human-made compounds that are notoriously resistant to breaking down in the environment or the human body, earning them the nickname “forever chemicals.” According to Environment and Climate Change Canada, Estée Lauder failed to inform the government before importing, selling, or distributing products containing this substance, which is a crucial step to assess any potential health or environmental risks in advance.
Subsequently, in June 2023, the company was issued an environmental protection compliance order outlining necessary actions to comply with the law. Unfortunately, Estée Lauder did not adhere to the order, as confirmed by the government. The company has been instructed by the Ontario court of justice to inform its shareholders about the conviction, and its name will be added to the environmental offenders registry maintained by the government.
The imposed fine will be directed to the federal government’s environmental damages fund, which supports environmental repair projects and environmental initiatives using money collected from fines, penalties, court orders, and voluntary payments. Environmental advocacy groups, including Environmental Defence, Ecojustice, and Breast Cancer Action Quebec, expressed satisfaction with the enforcement of chemical reporting regulations against Estée Lauder, underlining the importance of Canada aligning its regulations with global standards to prevent becoming a haven for banned PFAS products.
Moreover, the groups called for the finalization of the PFAS class listing under the Canadian Environmental Protection Act, the implementation of regulations to eliminate PFAS from cosmetics and textiles, and continuous funding for the chemicals management plan. They stressed the urgency of providing adequate resources for researchers and regulatory enforcement at Environment and Climate Change Canada to ensure public safety and environmental protection.
Estée Lauder is not the sole company to face penalties for including perfluorononyl dimethicone in its products. In March 2024, Groupe Marcelle Inc. was fined $500,000 by the Court of Quebec for marketing cosmetic items, such as eye and lip pencils under brands like Lise Watier, Marcelle, and Annabelle, containing the same substance. Environment and Climate Change Canada confirmed the withdrawal of these products from the distribution chain.
