Africa proposes stricter ban on mercury-added cosmetics as sales persist despite restrictions

09 May 2023 --- African nations have called to light the prevalent issue of toxic mercury found in commercialized cosmetics that are currently in circulation, particularly skin lightening products. The proposal has been issued to amend the Minamata Convention, an international treaty set up to protect human health and the environment from mercury compounds. Mercury is cheap to work with – a reason some manufacturers and retailers overlook its documented health risks.

The Zero Mercury Working Group (ZMWG) – coordinated by the European Environmental Bureau (EEB) and Mercury Policy Project – has voiced its support for these amendments. The proposal was put forward by Botswana and Burkina Faso delegates, on behalf of the Africa region.

“Consumers’ awareness is not high on the fact that skin lightening creams may contain mercury and other hazardous substances,” Charline Cheuvart, policy officer of ZMWG, tells PersonalCareInsights.

“The issue is quite prevalent in Asia as well as in Latin America. This is an issue as there are darker skinned populations. It is also in the EU and in the US. There are special groups such as Beauty Well who try to raise awareness to communities.”

ZMWG is currently in its fifth sampling round, purchasing skin lightening creams from on-line platforms from around the world to screen and test them. ZMWG is currently in its fifth sampling round, purchasing skin lightening creams from on-line platforms from around the world to screen and test them. 

“A new report is to come out later this year,” Lymberidi continues. “A database has been created where all of our creams tested and many more can be found.”

“We are further supporting projects in developing countries trying to assist strengthening with their enforcement work of this cosmetics mercury ban – in the Philippines, Côte d’Ivoire, Kenya and Nigeria.”

Objectives outlined
The proposed amendment to the Minamata Convention includes measures that governments can take to phase out the sale of cosmetics that contain mercury. 

These measures include setting national goals to stop the sale of mercury-added cosmetics, developing strategies to discourage marketing and advertising of these products, and creating advisories and lists of prohibited substances.

“Indeed manufacture, import and export of mercury added cosmetics are banned,” comments Cheuvart. “However, mercury-added skin lightening products (SLPs) are still widely available in local markets and via internet sales. Therefore, additional steps need to be taken to curtail sales and offering of sales as well as to reinforce and complement existing measures.”

“Online platforms are not liable for what they sell, and online platforms usually fall out of the definition of importer/exporter. Hence this amendment is trying to address this gap.“

The proposal recommends governments to require licenses and product ingredient approvals for manufacturing facilities that produce cosmetics. Online platforms can also be engaged to ensure that they pledge to uphold product safety standards.

To achieve these goals, it is stated that governments should collaborate with other ministries and regional partners.

Lastly, the proposal underscores that raising public awareness among physicians, dermatologists, beauty centers and consumers about the dangers of using products that contain mercury is an important step to ensuring a successful phase-out.

Widespread but overlooked health risk
The Minamata Convention currently mandates that parties should not allow the manufacturing, import or export of mercury-added cosmetics with content above one part per million (PPM).

Products tested across Africa, Asia, Latin America, Europe and North America have contained volumes of mercury from less than one to 57,000 PPM. 

But due to a lack of national bans enforced, mercury-containing skin lightening products – including creams, lotions and soaps – continue to be sold in retail channels despite notable health dangers. Online shopping has exacerbated the ease at which global consumers can acquire these products.

Last month, research flagged that almost 50% of skin lightening products sold in major online retail channels have high mercury levels, despite mercury’s harmful properties. The significance of this discovery has prompted responses from e-commerce giants including Amazon, eBay and Flipkart – whose skin care product offerings were implicated.

ZMWG’s data reveals that hundreds, if not thousands of products containing mercury, are available in the global market. Those containing mercury as an active ingredient often contain the element from 2 to 10% by weight. 

Products tested across Africa, Asia, Latin America, Europe and North America have contained volumes of mercury from less than one to 57,000 PPM. 

Mercury compounds, alongside hydroquinone – flagged by the Campaign for Safe Cosmetics for its organ-system toxicity and respiratory tract irritation – are cheap to work with, which is why some manufacturers use them in products despite their documented health risk.

Bleaching cream use deemed a health emergency
African-focused studies cited by ZMWG reveal why mercury-laced cosmetics are such an acute health risk.

A South African study revealed that nearly 50% of the top ten best selling skin lightening creams contain mercury. Meanwhile, a study conducted in Ghana found that 70% of patients with kidney disease had a history of using bleaching creams. 

One Nigeria study found that over 30% of women who used bleaching creams experienced skin irritation.

“Even in countries like Nigeria that have banned manufacture and trade, mercury-added cosmetics are still widely available,” stresses Leslie Adogame, executive director of the Sustainable Research and Action for Environmental Development. 

“Since most come from outside the country, more must be done globally to curtail sales and use.”

Last February, the Nigerian Agency for Food Drug Administration and Control (NAFDAC) declared the use of bleaching creams as a national health emergency in the country.

Dr. Abubakar Jimoh, director of public affairs at NAFDAC, said that the agency required the media to combat the bleaching epidemic among Nigerians, saying “NAFDAC cannot do it alone.”

Africa’s endemic consumer health threat
Next to Nigeria, other African countries have issued similar declarations.

At least ten African countries have adopted regulations to curtail toxic skin lighteners, including South Africa, Kenya, Côte d’Ivoire, Ghana, Uganda, Tanzania, Rwanda, Nigeria, Cameroon and South Sudan. Since 2015, eight of those ten countries have taken steps to curtail toxic cosmetics.

In 2018, the Rwandan government began enforcing a nationwide ban on cosmetics containing harmful chemicals like mercury, making it illegal to produce or sell most skin lightening cosmetics.

At least ten African countries have adopted regulations to curtail toxic skin lighteners.In August 2022, Cameroon’s health ministry banned the import, production and distribution of cosmetic and personal hygiene products containing dangerous substances such as mercury.

“Despite the Convention’s ban on manufacture and trade, the proliferation and sales of mercury cosmetics continues unabated in local markets and increasingly through the internet,” says Michael Bender, international co-coordinator at ZMWGero Mercury Working Group.  

“To date, these major online platforms are not held accountable for facilitating the sale of often illegal high mercury cosmetics. If adopted, the sales ban can help prevent marketing of toxic and often illegal cosmetics.”

Although there are no official figures on how many women use such products across Africa, billboards advertising the potentially deadly creams can be seen in cities across the continent.

“The current sales ban proposal on mercury-added products reflects the willingness of many African countries to drive the mercury change envisioned by the Minamata Convention in their countries,” says Cheuvart. 

“The upcoming COP should endorse this forward-looking initiative and make it part of the fight against mercury pollution worldwide and the effort to #MakeMercuryHistory.”

Global regulatory efforts are critical
Increased regulatory action on the mercury issue has been reflected in other global markets. 

Earlier this year, the UK’s national regulator, the Office for Product Safety & Standard, carried out a study inspecting heavy metal impurities in cosmetic products. Significant levels of heavy metals including arsenic, antimony and mercury were found to be present, particularly in eye shadow and lip liner products.

Last March, a coalition of various European industry representatives warned that face whitening creams contain illegal levels of mercury, as investigations in 2019 (60% of products tested) and 2022 (70% of products tested) revealed.

In February, the state of New York, US, prohibited the sale of cosmetics and beauty products containing mercury in stores and online as governor Kathy Hochul signed the bill into its final status at the end of last year.

By Benjamin Ferrer