Limits on octanamide N‑hydroxy use in cosmetics

Summary#

The Government of Canada has issued Ministerial Condition No. 20655 under the Canadian Environmental Protection Act, 1999 that allows the manufacture or import of the substance octanamide, N‑hydroxy‑ (CAS 7377‑03‑9) but only under strict conditions. The permission took effect on February 13, 2024 and limits the substance to specific cosmetic products and low concentrations.

What it does#

• Allows only the person who notified the government on October 19, 2023 (the “notifier”) to manufacture or import the substance, and only if they follow the listed conditions.
• Limits the substance’s use to certain cosmetic types and maximum concentrations:
  • rinse‑off cosmetics not for children under 14: 0.3% by weight
  • rinse‑off cosmetics for children under 14: 0.15% by weight
  • face cream or face lotion: 0.12% by weight
  • eyebrow pencil, eyeliner or eye shadow: 0.2% by weight
  • aerosol or pump hair spray: 0.075% by weight
  • liquid or lotion makeup remover: 0.15% by weight
• Allows import of the substance only for those same uses, or if it is already contained in such a cosmetic.
• Requires the notifier to inform, in writing, anyone they transfer the substance to about these conditions and to obtain written confirmation that the recipient will comply.
• Requires the notifier to keep records (electronic or paper) of uses, concentrations, quantities, who received the substance, and the written confirmations. Records must be kept for at least five years and made available in English or French.

Who's affected#

• The primary affected party is the unnamed notifier (the company or person who submitted the information on October 19, 2023). The Gazette notice does not name them.
• Cosmetic manufacturers and importers that make or sell the listed product types could be affected if they use this substance.
• Distributors, downstream recipients, and laboratories handling the substance must follow the written‑information and record‑keeping rules.
• Consumers, especially parents of children under 14, could be affected indirectly because the rules restrict how much of the substance can be in products used by children.

Why it matters#

• The government suspects this substance may be harmful and is allowing limited use while controls are in place. That helps reduce potential exposure in everyday products like shampoos, lotions and makeup.
• Manufacturers and importers who want to use the substance must follow strict limits and keep records. That can change product formulations, sourcing and compliance work for companies.
• For the public, the rules mean any products containing this substance should have it only at very low levels and only in specified cosmetics — a consumer‑safety measure while the substance is under review.