Cosmetic heavy metal traces may move UK Office for Product Safety & Standards to set safety guidelines

20 Mar 2023 --- A study inspecting heavy metal impurities of antimony, arsenic, cadmium, lead and mercury in cosmetic products has been carried out by the UK national regulator, Office for Product Safety & Standards (OPSS), in hopes of setting up business guidelines. Ninety-one products were examined, such as lipstick, lip gloss, lip liner, toothpaste, mouthwash, sunscreen, foundation, mascara, eyeliner and eye shadow.

“The analysis results showed levels of heavy metals content in most cosmetic products near or below the limit of quantification for each heavy metal such that this would be considered not detected,” shares the report. 

“There are, however, notable exceptions where significant levels of heavy metals including arsenic, antimony and mercury were found to be present, particularly in eye shadow and lip liner products. Where arsenic, antimony, mercury and lead were detected, the lead content was significant with 13 out of 91 samples having a lead content greater than 2 mg/kg, four out of 91 samples having a lead content greater than 5 mg/kg. However, no samples had a lead content greater than 10 mg/kg.”

Guidelines to reduce metal exposure
The research will enable legislators to set guidance values for technically avoidable heavy metals in UK cosmetic products.

“Guidance on technically unavoidable levels of traces, otherwise known as ‘action limits’, can aid businesses in quality assurance of their products by providing target concentrations that manufacturers can ensure they do not exceed,” says OPSS.

“If further official guidance for action limits for heavy metals in cosmetics is proposed, OPSS will engage with industry and enforcement authorities to ensure the route to establishing such limit values is clear to all stakeholders.”

OPSS also finds that the price and place of purchase products did not influence the levels of metals found in cosmetic products within the UK market.

However, the researchers caution the study is limited in its sample selection and state the need for further testing.

The research will enable legislators to set guidance values for technically avoidable heavy metals in UK cosmetic products.“While the existing regulations prohibit antimony, arsenic, cadmium, lead and mercury in cosmetic products, small trace quantities of these heavy metals are exempt if they are technically unavoidable under good manufacturing practice and not harmful to the health of the user,” highlights OPSS.

How heavy are the metals?
All five of the metals have been found to fall under the BVL (German) guidance limits. However, there were cosmetics found to exceed the recommended limits.

“Germany (BVL) has the lowest guidance limits with general limits for technically unavoidable heavy metal levels for antimony (<0.5 mg/kg), arsenic (<0.5 mg/kg), cadmium (<0.1 mg/kg), lead (<2 mg/kg) and mercury (<0.1 mg/kg),” share the researchers.

OPSS did not detect antimony (<0.1 mg/kg) in 58 out of 91 products. Based on the BVL guidance limit of <0.5 mg/kg of antimony, five products – two lip liners, two eyeshadows and one foundation cream – exceeded the limit, where the highest result was in an eye shadow at 1.05 mg/kg. 

Arsenic was not found (<0.1 mg/kg) in 34 out 91 products. Based on the same guidance limit, four products – one lip liner and three eye shadows – exceeded the limit, where the highest result was in an eye shadow at 1.62 mg/kg. 

Cadmium was not detected (<0.005 mg/kg) in 30 out of 91 samples. The BVL guidance limit for cadmium is <0.1 mg/kg, and no product exceeded this. The highest result was in an eye shadow at 0.05 mg/kg.

The BVL guidance limit for lead is <2 mg/kg. Lead was not detected (<0.2 mg/kg) in 16 out 91 products, but ten products – three lip liners, six eyeshadows and one eyeliner – exceeded the limit, where the highest result was in an eye shadow at 8.8 mg/kg.

Lastly, researchers used the BVL guidance limit of <0.1 mg/kg for mercury, which was not detected (<0.07 mg/kg) in 50 out 91 samples. However, four products – three eye shadows and one lip gloss – were above the limit, with the highest result in an eye shadow at 0.52 mg/kg.

Regulatory gaps
OPSS underscores that “there is no UK guidance on the maximum content for impurities of arsenic, cadmium, lead and mercury in a cosmetic product to fulfill the exemption of technically unavoidable in good manufacturing practice.”

Metals identified as heavy metals are prohibited substances and may be present in cosmetic products as impurities.

At the moment, cosmetics are regulated in the UK by the retained EU Regulation (EC) No 1223/2009, which outlines prohibited and restricted items.All five of the metals have been found to fall under the BVL (German) guidance limits. However, there were cosmetics found to exceed the recommended limits.

However, there is one exemption OPSS highlights, for the non-intended presence of a small quantity of a prohibited substance. This includes impurities from natural or synthetic ingredients, manufacturing process, storage, migration from packaging or technically unavoidable substances from good manufacturing processes – as long as it is not harmful to the health of the user.

Regulations and guidelines worldwide
The researchers carried out a literature review on guidance on legal requirements from other countries for unavoidable heavy metals in cosmetics and purchased cosmetics across a price range from high street and online retailers. 

“China has set regulatory maximum content limits in cosmetic products for arsenic (2 mg/kg), cadmium (5 mg/kg), lead (10 mg/kg) and mercury (1 mg/kg). Thailand has a single regulatory maximum limit for cadmium (3 mg/kg) in cosmetic products,” share the researchers.

“The US has a maximum content limit for mercury (1 mg/kg) in cosmetic products but also regulatory limits for color additives used in cosmetic products for including arsenic, lead and mercury. In addition, a guidance limit for lead (10 mg/kg) in cosmetic lip products has been advised.”

They explain that Japan, Canada, Germany and member countries in the South East Asian Association (ASEAN) have different non-regulatory guidance for maximum content limits. 

Heavy metal in personal care news
Several mercury watchdog groups called on Amazon and other online retailers to stop all sales of skin-lightening products after discovering that some contain high levels of toxic mercury. They underscore a lack of legal accountability for webshops across global markets – a significant gray area in public health and safety policy – as some products’ mercury content are over 8,000 times above the legal limit.

A US-based study found that most kids up to 12 in America use children’s makeup and body products (CMBP) and almost half of the proportion use it for play. The study underscores that with increasing evidence of harmful ingredients found in adult cosmetics, it is vital to find how CMBPs are used and identify their risks to protect children’s biological susceptibility to the effects of potential toxins.

Last month, 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 Venya Patel