Limited approval for phosphonic acid in cosmetics

Summary#

This notice (under the Canadian Environmental Protection Act, 1999) lets one specific company that reported the chemical phosphonic acid, P,P′-(1-hydroxydodecylidene)bis- (CAS RN: 16610-63-2) make or import that substance, but only under strict limits and tracking rules. The permission and its conditions came into force on June 28, 2021.

What it does#

• Allows the person who provided information to the government on March 4, 2021 (the “notifier”) to manufacture or import the substance, subject to conditions.
• Limits how the substance can be used:
  • It may be used only to make these cosmetics, and only at concentrations up to 0.4% by weight:
    • leave-on hairstyling products (e.g., hairspray, mousse, gel, wax, putty),
    • leave-on makeup products (e.g., blush, lipstick, mascara, eyeliner, eyeshadow, foundation),
    • rinse-off cosmetics (e.g., soap, shampoo, conditioner, facial cleanser; some items are explicitly excluded).
• Limits imports: the notifier may import the substance only when it is already contained in the approved cosmetics at up to 0.4% by weight.
• Requires the notifier to inform, in writing, anyone who will take physical possession or control of the substance about these conditions and to obtain written confirmation that those persons will follow the limits (this written step is not required when the substance is already contained in an allowed cosmetic).
• Sets record-keeping rules. The notifier must keep records for at least five years showing:
  • how the substance is used,
  • quantities made, imported, sold, distributed or used,
  • the concentration of the substance in cosmetics,
  • who received the substance,
  • the written confirmations from transferees.
• Requires these records to be kept at the notifier’s principal place of business in Canada (or that of their Canadian representative).

Who's affected#

• Primarily the notifier (the company or person who submitted the required information to the ministers on March 4, 2021) — they are the only party explicitly permitted to manufacture or import the substance under these conditions.
• Anyone who would receive physical possession or control of the substance from that notifier (they must be told the conditions and confirm compliance).
• Cosmetic manufacturers, importers, distributors and retailers could be indirectly affected if they work with this notifier or handle products that contain the substance at the allowed concentration.
• Consumers of the listed cosmetics may notice no immediate change; this is about how the substance may be brought into or used in products, not a consumer ban.

Why it matters#

• The ministers (the Minister of the Environment and the Minister of Health) suspect the substance may be harmful, so this lets the government allow limited, controlled use while keeping close track of who has it and how it’s used.
• The limits (only certain cosmetic types and a cap of 0.4% by weight) and the record rules make it easier for regulators to monitor exposure and enforce compliance.
• If you work in cosmetics manufacturing, importing, or supply chains, this notice shows the kind of conditions the government may impose on substances it suspects could be toxic. If you are a consumer, it signals that the substance is being tightly controlled rather than broadly approved for other uses.