Global sales of mercury-containing skin-lightening products still pose a prevalent threat, activists warn

16 Oct 2023 --- Despite being banned by a global treaty, hazardous mercury-added skin-lightening products (SLPs) are still sold worldwide by some of the biggest online retailers to unsuspecting consumers, according to a new Zero Mercury Working Group (ZMWG) report. 

NGO partners across 12 countries purchased 213 suspect SLPs from 23 online platforms. Out of the products observed, 191 (90%) had mercury concentrations ranging from 1.18 to 74,800 ppm of mercury, above the 1 ppm limit mandated for cosmetics by many governments as well as the Minamata Convention on Mercury — a global agreement on environment and health, adopted in 2013.

“Despite the Convention’s ban on manufacture and trade, the proliferation and online sales of mercury cosmetics continue. However, if adopted, the African Region’s amendment banning advertising and sales of illegal SLPs can help prevent online marketing,” comments Michael Bender, coordinator at ZMWG.

ZMWG has found that almost 50% of skin-lightening products sold in major online retail channels have high mercury levels despite its harmful properties. The significance of this discovery prompted responses from e-commerce giants last year — including Amazon, eBay and Flipkart — whose skin care product offerings were implicated.

Mercury intertwined with skin-lightening
The ZMWG flags the lack of effective controls to prevent mercury SLPs from being manufactured and sold online.

Mercury may lead to rashes, skin discoloration and blotching, and enter the body via absorption through the skin, inhalation or oral intake.“Online platforms continue to evade their responsibility to prevent unscrupulous merchants from advertising, marketing and selling illicit mercury-added SLPs, which perpetuate the injustice lived by people of color, especially women and girls, who are conditioned to adopt Eurocentric beauty standards influenced by ‘colorism,’” states the organization.

Mercury lightens the skin by suppressing melanin production and can also remove age spots, freckles, blemishes and wrinkles. But it may lead to rashes, skin discoloration and blotching, and enter the body via absorption through the skin, inhalation or oral intake.

The ZMWG report’s findings, along with a recent Natural Resource Defence Council commissioned report, confirm that mercury compounds are considered an “essential” ingredient to SLPs. As a result, the report recommends that COP5 should lay the groundwork for regulating mercury compounds and making them subject to trade restrictions. 

Sweeping regulatory changes in Africa
This report comes at a critical time as Parties to the Fifth Conference of Parties (COP5) of the Minamata Convention are preparing to discuss the amendment proposed by the Africa region at the end of the month. The meeting seeks to address the enforcement loopholes and implementation failures related to mercury-added cosmetics.

“Over the years, the African region has taken a leadership role in phasing out mercury in products, including in lighting, dentistry and now skin-lightening cosmetics. Toxic cosmetics are a global mercury crisis warranting coordinated international collaboration,” urges Rico Euripidou, campaign coordinator at GroundWork in South Africa.

The African amendment is designed to strengthen the existing Convention provisions by prohibiting the manufacture and trade of all “mercury-added cosmetics” instead of only those containing “over 1 ppm mercury.”

The amendment will also curtail the merchandising of mercury-added SLPs, including sales, offering of sales, marketing, advertising and display.

In addition, it will facilitate the inter-ministerial, bilateral or regional measures to phase out mercury SLPs, while enhancing public awareness about the hazards of mercury SLPs.

“Once approved, the amendment will help complement and strengthen the current treaty and close loopholes that allow advertising, display and indiscriminate sales of mercury-added SLPs,” stresses Charline Cheuvart, mercury policy officer at the European Environmental Bureau.

“It also reflects a willingness to drive the change envisioned by the Convention to ‘Make mercury history.’”

Rising global efforts to restrict mercury
Other global markets have reflected the heightened regulatory action on the mercury issue.

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. 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.

Edited by Benjamin Ferrer