Estee Lauder fined USD 750,000 for Canadian Environmental Protection Act violations

The Environmental Damages Fund, established in 1995, channels such fines into targeted environmental restoration initiatives.

CANADA – Estee Lauder Cosmetics Ltd. has been convicted under Canada’s Environmental Protection Act, 1999 (CEPA), resulting in a substantial fine directed toward environmental restoration efforts. 

This case underscores regulatory enforcement against “forever chemicals” in cosmetics, relevant for industry watchers tracking sustainability compliance.

In January, the Ontario Court of Justice imposed a USD 750,000 fine on Estee Lauder Cosmetics Ltd. following guilty pleas to two CEPA violations: failing to notify the government of a significant new activity and breaching a subsequent compliance order. 

The court also ordered the company to inform its shareholders of the conviction, with the full penalty allocated to the Environmental Damages Fund for ecosystem restoration projects.

During a May 2023 routine inspection, Environment and Climate Change Canada officers identified Perfluorononyl Dimethicone, a per- and polyfluoroalkyl substance (PFAS), or “forever chemical”, in certain eyeliner products sold by the company.

Importing, selling, or distributing cosmetics containing this ingredient qualifies as a “significant new activity” under CEPA, requiring prior government notification for risk assessment; Estee Lauder’s omission violated subsection 81(4). 

A June 8, 2023, compliance order directed corrective actions, but non-compliance led to a breach of subsection 238(1).

PFAS encompass over 15,000 synthetic compounds known as “forever chemicals” due to their persistence in the environment, and Perfluorononyl Dimethicone is used in cosmetics for enhanced durability, spreadability, and resistance to water or oil. 

Environment and Climate Change Canada collaborates with Health Canada to regulate cosmetics under CEPA, the Food and Drugs Act, and Cosmetic Regulations, prioritizing human health and ecological safety.

Estee Lauder Cosmetics Ltd.’s name will be added to the Environmental Offenders Registry, which tracks corporate convictions under key federal environmental statutes. 

Estée Lauder Cosmetics Ltd. offers prestige skincare, makeup, fragrance, and hair care, with iconic products like Advanced Night Repair serum, Double Wear foundation, and Beautiful perfume.

Beyond its flagship brand, the company owns other leading names such as MAC, Clinique, La Mer, Bobbi Brown, Jo Malone London, and Aveda, covering everything from professional artistry to luxury beauty.

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