Ontario court hands $750K fine to Estee Lauder over use of ‘forever chemical’

In this file photo made May 3, 2011, Estee Lauder products are displayed for sale at a mall in Dallas. (AP Photo/LM Otero, File)

An Ontario court has issued a $750,000 fine to Estee Lauder after the cosmetics company pled guilty to violating the Canadian Environmental Protection Act following the discovery of a “forever chemical” in select eyeliner products.

Estee Lauder Cosmetics Ltd. pleaded guilty to failure to inform the government “regarding a significant new activity” and failure to comply with a compliance order on Jan. 13.

The fine comes nearly three years after Environment and Climate Change Canada enforcement officers learned of a silicone polymer inside some of the company’s eyeliner products, during a routine inspection.

The ingredient, perfluorononyl dimethicone, is a per- and polyfluoroalkyl substance (PFAS) that is occasionally referred to as “forever chemicals,” as the environmental agency says it does not degrade easily.

Cosmetic companies have used this ingredient to boost the durability of products applied directly to the skin, Environment Canada says.

In June 2022, Cosmetics Alliance Canada alerted its members that the use of perfluorononyl dimethicone is subject to a Significant New Activity (SNAc) Notice, requiring companies to disclose what ingredients are being introduced before it can be sold in Canada.

“This important requirement allows the government to assess potential health or environmental risks in advance,” Environment Canada said in Monday’s news release.

On June 8, 2023, enforcement officers laid a compliance order to Estee Lauder regarding the “significant new activity,” outlining the next steps the cosmetics company had to take in order to be compliant with the Canadian Environmental Protection Act.

Following the recent conviction, Estee Lauder’s name will be added to the Environmental Offenders Registry, which details corporations’ offences committed under certain environmental laws in Canada.

Estee Lauder has to submit the fine to the federal government’s Environmental Damages Fund.

Additionally, the court ordered Estee Lauder to notify its shareholders about the conviction.