On February 2, 2026, Environment and Climate Change Canada announced that Estée Lauder Cosmetics Ltd. was fined CAD 750,000 for using banned “forever chemicals” (PFAS) in its eyeliner products and for failing to notify the government before undertaking related activities, in violation of the Canadian Environmental Protection Act, 1999 (CEPA).
Per- and polyfluoroalkyl substances (PFAS) are increasingly becoming a global focal point due to their potential long-term impacts on both the environment and human health. CIRS recommends that companies proactively respond to these regulatory trends by implementing robust PFAS risk management strategies.
Case Background
In May 2023, as part of a routine inspection, Environment and Climate Change Canada enforcement officers discovered the company was selling some eyeliner products that had Perfluorononyl Dimethicone listed as an ingredient. Perfluorononyl Dimethicone is a per- and polyfluoroalkyl substance (PFAS), sometimes referred to as “forever chemicals”.
The importation, sale, and distribution of cosmetic products that have Perfluorononyl Dimethicone as an ingredient are considered a “significant new activity” under the Act. This means the company was required to notify the government before the activity occurred. This important requirement allows the government to assess potential health or environmental risks in advance. In this case, by not respecting the requirement to notify, the company violated subsection 81(4) of the Act.
On June 8, 2023, officers issued an environmental protection compliance order to the company regarding the “significant new activity”. The order outlined steps the company was to take to become compliant with the “significant new activity” requirements of the Act. Ultimately, the company did not comply with the order, resulting in a violation of subsection 238(1) of the Act.
PFAS Regulations in Canada
On March 5, 2025, Health Canada released the State of per- and polyfluoroalkyl substances (PFAS) report (State of per- and polyfluoroalkyl substances (PFAS) report-Canada.ca). The Canadian government is taking steps to restrict the use of PFAS through a phased implementation approach. Phase one, launched in 2025, focuses on controlling PFAS in firefighting foams to better protect firefighters and environmental safety. Phase two aims to reduce exposure risks from products containing non-essential uses of PFAS, such as cosmetics, food packaging materials, and textiles.
In December 2025, the Canada Gazette published the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270). This regulation will come into force on June 30, 2026, replacing the Prohibition of Certain Toxic Substances Regulations, 2012 (SOR/2012-285). The updated regulation further strengthens restrictions on various substances already regulated under the 2012 version, including PFAS substances such as PFOA, PFOS, and long-chain perfluorocarboxylic acids (LC-PFCAs).
CIRS Reminder
In the cosmetics industry, PFAS are widely used in a variety of product types, including lotions, facial cleansers, nail polishes, shaving creams, foundations, lipsticks, eyeliners, eyeshadows, and mascaras. However, given the potential health risks associated with PFAS, numerous countries and regions have introduced regulations to restrict their use in cosmetic products. CIRS recommends that companies take proactive steps to ensure compliance and reduce potential health and environmental risks.
If you need any assistance or have any questions, please get in touch with us via service@cirs-group.com.
Our Services
- Canada Cosmetics Formula and Label Compliance Review
- Canada Cosmetics CNF Registration
- Canada DIN Registration
Further Information: Canada.ca
