Restrictions on 2‑Furancarboxylic Acid Use

Summary#

The federal government issued a Significant New Activity Notice under the Canadian Environmental Protection Act, 1999 for the chemical substance 2-furancarboxylic acid (CAS 88-14-2). It is now in force (published June 18, 2022) and requires advance notification and specific test data before certain new uses in cosmetics or consumer products at or above 0.1% by weight.

What it does#

• Defines a “significant new activity” for 2-furancarboxylic acid (CAS 88-14-2) as:
  • using the substance when making a consumer product covered by the Canada Consumer Product Safety Act, or
  • using it in a cosmetic (as defined in the Food and Drugs Act),
  • when the substance is present at 0.1% by weight or more; and
  • selling or distributing products that contain the substance at that concentration.
• Exempts uses that are only for research and development, site-limited intermediate use, or uses intended only for export.
• Requires any person planning a covered activity to send a full notification to the Minister of the Environment at least 90 days before the activity starts. The notification must include:
  • a description of the proposed use and the expected annual quantity;
  • the substance’s function in the product;
  • available safety and exposure data and all relevant test reports the notifier has access to;
  • specific toxicity test reports, including an OECD Test No. 422 combined repeated dose/reproduction screen and certain in vitro absorption and chromosomal aberration studies (or existing equivalent in vivo data).
• States that the listed studies must follow OECD Good Laboratory Practice.
• Includes a transitional allowance: between publication and June 17, 2023, the notice only applies where the planned manufacture or distribution quantity is more than 1000 kg for products at or above 0.1% by weight.

Who's affected#

• Manufacturers, importers, formulators and distributors of cosmetics and consumer products that could contain 2-furancarboxylic acid at 0.1% by weight or more.
• Testing laboratories and consultants who would prepare the required toxicity and exposure studies.
• Retailers or downstream businesses that take physical possession or control of the substance may have notification responsibilities if they transfer it.
• Uses already regulated under other federal laws (for example, pesticides, fertilizers, feeds) are excluded from this notice.
• Research labs and companies using the substance only as a site-limited intermediate or for export are not affected by these notification rules.

Why it matters#

• The government identified potential health concerns (systemic and reproductive toxicity) for this substance when used in consumer and cosmetic products. The notice forces companies to provide safety data before those uses proceed at or above 0.1% by weight.
• Practically, firms may need to delay launches, change formulations, or pay for new tests to comply. That could affect product availability or cost.
• For consumers, the measure aims to reduce the chance that a chemical with unclear toxicity is widely used in cosmetics and consumer products before authorities can assess safety.