Cosmetics giant Estée Lauder has been fined $750,000 by federal authorities for using “forever chemicals” in certain eyeliner products. The company admitted guilt to two charges of breaching the Canadian Environmental Protection Act. In May 2023, officials from Environment and Climate Change Canada discovered that Estée Lauder was selling eyeliner items containing perfluorononyl dimethicone, a silicone polymer used in makeup to enhance grip, durability, and water resistance. This substance falls under the category of per- and polyfluoroalkyl substances (PFAS), a group of synthetic compounds known for their resistance to environmental and biological breakdown, earning them the moniker “forever chemicals.”
According to Environment and Climate Change Canada, Estée Lauder failed to notify the government before importing, selling, or distributing products containing this substance. The government emphasized that this notification requirement is crucial for assessing potential health and environmental risks beforehand. Despite receiving an environmental protection compliance order in June 2023, Estée Lauder did not comply with the specified actions. The company is yet to respond to requests for comments from The Canadian Press.
As per the Ontario court of justice’s ruling, Estée Lauder is mandated to inform its shareholders about the conviction, and its name will be included in the government’s environmental offenders registry. The fine imposed will be channeled into the federal government’s environmental damages fund, which supports environmental restoration projects using funds 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 and Estée Lauder’s accountability. These groups urged Canada to accelerate efforts to phase out PFAS in various products to align with global standards and prevent the country from becoming a dumping ground for banned substances. They called for stringent rules to eliminate PFAS from cosmetics, textiles, and other targeted items, emphasizing the importance of funding the chemicals management plan and providing adequate resources for regulatory enforcement to ensure public and environmental safety.
Estée Lauder is not the sole company facing penalties for incorporating perfluorononyl dimethicone in its products. In March 2024, Groupe Marcelle Inc. was fined $500,000 by the Court of Quebec for selling cosmetic items, such as eye and lip pencils under the Lise Watier, Marcelle, and Annabelle brands, containing the same substance. Environment and Climate Change Canada confirmed the removal of these products from circulation following the legal action.