Cosmetics giant Estée Lauder faces a $750,000 penalty following a discovery by federal agents that the company was utilizing “forever chemicals” in certain eyeliner products. Admitting guilt to two breaches of the Canadian Environmental Protection Act, the company was found in violation in May 2023 by Environment and Climate Change Canada enforcement officers for the presence of perfluorononyl dimethicone in its eyeliner formulations. This substance, classified under PFAS (per- and polyfluoroalkyl substances), is a silicone polymer commonly used in makeup to enhance longevity, durability, and water resistance.
PFAS are a category of synthetic chemicals notorious for their persistent nature, as they do not easily degrade in the environment or the human body, earning them the moniker “forever chemicals.” According to Environment and Climate Change Canada, Estée Lauder neglected to inform the government before importing, selling, or distributing products containing this substance, which is vital for assessing potential health and environmental risks beforehand.
Despite receiving an environmental protection compliance order from officers in June 2023 outlining corrective actions, the company failed to comply, leading to legal repercussions. Estée Lauder is mandated by the Ontario court of justice to notify shareholders about the conviction, with its name set to be included in the government’s environmental offenders registry. The imposed fine will be channeled into the federal government’s environmental damages fund, which supports environmental remediation projects.
Environmental advocacy groups have lauded the government’s enforcement of chemical reporting regulations and holding Estée Lauder accountable. They emphasized the urgent need for Canada to align with global standards in phasing out PFAS in products to prevent becoming a haven for banned substances. The groups urged the finalization of listing PFAS under the Canadian Environmental Protection Act, development of regulations to eliminate PFAS from cosmetics and textiles, and securing sustained funding for the chemicals management plan to ensure public safety and environmental protection.
This incident with Estée Lauder is not an isolated case, as in March 2024, Groupe Marcelle Inc. was fined $500,000 by the Court of Quebec for marketing cosmetics, including brands like Lise Watier, Marcelle, and Annabelle, containing perfluorononyl dimethicone. These products were swiftly removed from circulation following action by Environment and Climate Change Canada.