Crackdown on mercury in skin-lightening products as action groups flag compromised goods on Amazon

15 Feb 2023 --- Several mercury watchdog groups are calling on Amazon and other online retailers to stop all sales of skin-lightening products (SLPs) 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.

The action groups leading the charge are the European Environmental Bureau, Zero Mercury Working Group and the Mercury Policy Project. “Online platforms often claim they are exempt from liability or claim they have filters in place to prevent illegal sales of SLPs. However, our reports prove otherwise,” they jointly state.

The Mercury Policy Project purchased suspected SLPs available on Amazon and some were found to have mercury concentrations 8,000 times above the legal limit.In autumn of 2022, the Mercury Policy Project purchased suspect SLPs available on Amazon and 19 of 21 purchased creams were found to have mercury concentrations over the legal limit of 1 parts per million (ppm). The levels of mercury detected by the lab in those 19 products ranged from 1.5 ppm to 8,500 ppm, according to a new report released this month.

“Amazon may not be taking enough measures. Also, not all Amazon websites take the same measures. While Amazon.uk or Amazon.com may react and take products down, Amazon.in for example said it is not their responsibility. You can see that in our March 2022 report,” Elena Lymberidi-Settimo, policy manager at Zero Mercury Campaign tells PersonalCareInsights.

“Legal action could be taken depending on the country, as detailed within our February 2023 report where Amazon was taken to court under California law. For the moment however, there is no strict liability for the online retail platforms and this is an issue. At the EU, there are a few horizontal laws/regulations in place and under discussion that are trying to make the space more controlled, but these are not fully bulletproof yet.”

According to Zero Mercury Campaign, the global market for SLPs is expected to reach US$11.8 billion by 2026, up from US$8.8 billion in 2022.

Putting a stop to toxic trades
The latest call to action comes in line with the ongoing United Nations Environment Programme (UNEP) kick-off meeting on “Eliminating Mercury Skin Lightening Products” at the World Health Organization (WHO) headquarters in Geneva.

“There are many things that can be done and this is what we are currently discussing at the UNEP/WHO meeting in Geneva – raising awareness in the scope of law enforcement, international cooperation, product pledges between governments and the e-platforms, alongside many other things,” says Lymberidi-Settimo.

The Minamata Convention on Mercury treaty bans the manufacture and trade of SLPs with a content of over 1 ppm of mercury and numerous governments around the world have adopted such measures.

More than 75% of the suspect SLPs purchased from Amazon.com were already on hazard or detention lists issued by various governments, including the US Food & Drug Administration (FDA), the states of California and Minnesota, California counties and New York City.

“Our testing indicates, once again, that Amazon.com continues to allow the toxic trade of SLPs laced with mercury,” warns Michael Bender, Mercury Policy Project director and Zero Mercury Working Group (ZMWG) co-coordinator.

“If illegal marketing can’t be stopped, then online platforms should discontinue sales of all SLPs since toxic SLPs affect this entire category.”

All safety concerns notified by consumers via customer service channels should automatically trigger an internal investigation and where appropriate, the products should be removed.

“It is appalling to see zero accountability from Amazon.com, which continues to profit from the well-known and avoidable sale of hazardous skin-whitening creams,” says Avipsa Mahapatra, campaign lead at Environmental Investigation Agency. “It is inexcusable that an internet marketplace giant instead of doing its due diligence is shifting the burden to people of color.”

Health risks of mercury exposure
Regular use of mercury-added SLPs can lead to rashes, skin discoloration and blotching, while long-term exposure may damage the eyes, lungs, kidneys, digestive, immune and nervous systems.

Regular use of mercury-added SLPs can lead to rashes, skin discoloration and blotching, while long-term exposure may damage the eyes, lungs, kidneys, digestive, immune and nervous systems.In 2019, media reports surfaced about a California woman who slipped into a coma after using mercury-contaminated skin-lightening products that led to a toxic buildup of the heavy metal in her bloodstream.

The average amount of mercury in blood is up to about 5 micrograms per liter, usually resulting from a person’s diet, where contaminated seafood is among the highest sources, according to the New York State Department of Health. The woman reportedly had 2,630 micrograms per liter in her blood.

“Despite well-known health risks, unscrupulous cosmetics manufacturers often add mercury compounds to SLPs,” says Elena Lymberidi-Settimo, co-coordinator at European Environmental Bureau and ZMWG.

“Distributors, retailers and online platforms, benefit from this toxic trade.”

Mercury lightens the skin by suppressing the production of melanin and can also remove age spots, freckles, blemishes and wrinkles. Adolescents also sometimes use SLPs, as mercury is an effective antibacterial for the treatment of acne.

Last April, an investigation by ZMWG targeted SLPs supplied by over 40 online platforms. Of the 271 SLPs tested, 129 were found to have mercury levels over 1 ppm. According to the report, Amazon, eBay and Flipkart were among the online retailers that sold SLPs that contain mercury.

International governments crack down on mercury
Earlier this week, the governments of Gabon, Jamaica and Sri Lanka – markets where SLPs are popularly sold – launched a joint US$14 million project to eliminate the use of mercury in these commercial goods.

“With demand for skin-lightening products projected to grow to US$11.8 billion by 2026, fuelled by a growing middle class in the Asia-Pacific region and changing demographics in Africa and the Caribbean, the use of harmful ingredients in skin-lightening products is a global issue,” highlights the UN.

In the Philippines, watchdog group BAN Toxics raised the alarm this week on the continuous selling of banned/prohibited SLPs in its home market. A market monitoring activity was conducted by BT Patrollers in Makati, Pasay and Quezon City.

BAN Toxics managed to purchase, document and take photographs of prohibited SLPs including: Goree Beauty Cream with Lycopene Avocado & Aloe Vera, Goree Day & Night Beauty Cream Oil Free Total Fairness System, C Collagen Plus Vit E Day & Night Cream and Golden Pearl Beauty Cream.

Using a SCIAPS X-200 HH XRF Analyzer, the SLPs in the Philippines study were found to contain mercury with up to 67,500 ppm, exceeding the allowable limit of 1 ppm set by FDA and as published in the ASEAN Cosmetic Directive.

By Benjamin Ferrer

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