Cosmetics Include Heavy Metals: Laws Related To It Around The World

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INDIAN JOURNAL OF LEGAL REVIEW [IJLR] Published by

VOLUME 3 AND ISSUE 2 OF 2023 Institute of Legal Education

APIS – 3920 - 0001 (and) ISSN - 2583-2344 https://iledu.in

COSMETICS INCLUDE HEAVY METALS: LAWS RELATED TO IT AROUND THE WORLD

AUTHOR - ANJANAH G J, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY

Best Citation - ANJANAH G J, COSMETICS INCLUDE HEAVY METALS: LAWS RELATED TO IT AROUND THE
WORLD, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 71-77, APIS – 3920 – 0001 & ISSN - 2583-
2344.

ABSTRACT

Beauty creates an impression of an individual when someone meets or looks at him/her.


Beauty is gender neutral but it is mostly women who fall for this trap of looking better than men.
The picturization of women is always done in an imaginary way and in such way, she is
depicted as beautiful. But it is often not imagined that she is also a human being, having
hormonal secretion and whatever way she looks it’s just “her”. In order to attain of what is being
picturized, the consumers fall for these cosmetic products. These products deceive the
consumers by saying that they it is safe and will add various kinds of contaminants. One such
contaminant being the heavy metals puts the health of the consumers in huge trouble and
continuous use of which might even affect the nervous system, kidney system and even
reproductive system of the human body 153. The author in this paper has tried to explain the
hazardous outcome which emanates along with the use of cosmetics including personal and
hygiene care products. The paper also tries to throw light on the laws related to cosmetics
enacted in India as well as major countries with similar or better regulations. This paper is
majorly based upon the study conducted by the Centre for Science and Environment (CSE) 154
on Heavy Metals in Cosmetics, January 2014 155.

Keywords: Cosmetics Product, Heavy Metal, Drug and Cosmetics Act, 1940, ppm (parts per million),
Coloring Agent

153 (Kim et al., 2015, Bocca et al., 2014, Senesse et al., 2004, Agoramoorthy et al., 2008, Al Amry et al., 2011, Smith et al., 2015) and also in “Evaluation of heavy
metals in cosmetic products and their health risk assessment” by Hamna Arshad, Moniba Zahid Mehmood, Munir Hussain Shah, and Arshad Mehmood Abbasi
(https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7335825/) (visited on 24.03.2023)
154 Centre for Science and Environment (CSE) is a not-for-profit public interest research and advocacy organisation based in New Delhi, India. Established in 1980,

CSE works as a think tank on environment-development issues in India, poor planning, climate shifts devastating India's Sundarbans and advocates for policy
changes and better implementation of the already existing policies. https://www.cseindia.org/ (Visited on 22.03.2023)
155 Heavy Metals in Cosmetics, Investigators: Mr. Ramakant Sahu, Ms. Poornima Saxena and Dr. Sapna Johnson; PML/PR-45/2014
(https://cdn.cseindia.org/userfiles/Heavy_Metals_in_Cosmetics_Report.pdf) (Visited on: 26.03.2023)

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I. INTRODUCTION The society is still trying to get out of the


stereotypical thought of beauty. Women are
Cosmetic is defined under Section 3 aaa, as any
more widely forced to be beautiful than men.
product with the intention to be applied,
Women need to be fair, have long black hair,
sprayed, sprinkled or poured or introduced into
beautiful big eyes, even tone, no pimple and
the human body or any part of the human body
pigmentation in the face, bright pink lips and we
for the purpose of beautifying, improving the
can keep on writing. Even the serials and daily
appearance or for cleansing156. These cosmetic
soaps depict the characterization of in such
products are regulated under the Drug and
ways. But in reality, if we see through the graves
Cosmetic Act, of 1940157 due to the presence and
of history women especially Indian women
use of heavy metals in their production. Heavy
ranged from dusky to dark tone. For instance,
metals158 are metals with high densities, atomic
Draupadi, the Mahabharata character was
numbers or atomic weight. Their density is at
claimed to be dark in color and hence, she was
least 5 times greater than water. Some heavy
known to be one amongst the three krishnas160,
metals are categorized as nutrients such as iron
Goddess Mahakali was black in color.161
and zinc. Silver and ruthenium are relatively
harmless and some of the harmful metals are In order to attain the xerox of what is being
arsenic, mercury and lead. These metals, picturized in fictional books, magazines or
though scarcely distributed on the earth’s movies, the consumers fall for cosmetics like
surface, are used for making cars, plastics, fairness cream, body lotions, lipsticks and other
mobile phones, solar panels, particle cosmetic product. These products deceive the
accelerators, etc . The study done by a
159
consumers by saying that they have all the
Pollution Monitoring Laboratory (PML) set up by natural ingredient and add various kind of
The Centre for Science and Environment (CSE) - contaminants which is not only harmful for the
a non-governmental organization – indicated skin but also the vital organs and various
that heavy metals are used in various cosmetic systems of the body. The question which arises
products. here is whether to look will cost not only this
much amount of money and is also taking the
II. THE NEED FOR COSMETICS IS REAL?
health of the consumer at stake. Why cannot we
Beauty or appearance for that matter is the one accept the people are and just embrace the
main factor which any individual is very diversity?
cautious about. It is always the appearance
III. HEAVY METALS AND COSMETIC PRODUCTS
which matters and whatever quote like “don’t
judge a book by its cover” or “what matters is Cosmetics and care products use a variety of
the behavior and not the appearance” we chemicals, petrochemicals and heavy metals
might come up with, it’s the human tendency to which may affect the health of the user. The
look and judge a person with his appearance. substances present in these cosmetics can
potentially not only cause skin-related
problems but also lead to the failure of
156 According to Section 3 aaa of the Drugs and Cosmetics Act, 1940 Act 23
of 1940; Amended up to the 31st of December, 2016: “Any article intended to organs.162 According to studies, the frequent
be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise
applied to, the human body or any part thereof for cleansing, beautifying, heavy metals present are cadmium (Cd), nickel
promoting attractiveness, or altering the appearance, and includes any article
intended for use as a component of cosmetic.”
157 The Drugs and Cosmetics Act, 1940 Act 23 of 1940; Amended up to the 160 Mentioned in Mahabharata, Adi Parva, Chapter 169:3 Sources:
31st of December, 2016 https://en.wikipedia.org/wiki/Draupadi#:~:text=Draupadi%20is%20describ
158 Fergusson JE, editor. The Heavy Elements: Chemistry, Environmental ed%20to%20be,that%20of%20a%20blue%20lotus. (Modified on 07.05.2023)
Impact and Health Effects. Oxford: Pergamon Press; 1990 161 According to Kalika Purana. Sources: https://en.wikipedia.org/wiki/Kali
159 Arruti A, Fernández-Olmo I, Irabien A. Evaluation of the contribution of (Modified on: 14.05.2023)
local sources to trace metals levels in urban PM2.5 and PM10 in the Cantabria 162 Patrick L. Lead toxicity, a review of the literature. Part I: Exposure,

region (Northern Spain) J Environ Monit. 2010;12(7):1451–1458. & Pacyna evaluation, and treatment. Alternative Medicine Review. 2006;11:2-22;
JM. Monitoring and assessment of metal contaminants in the air. In: Chang Ayenimo JG, Yusuf AM, Adekunle AS, Makinde OW. Heavy metal exposure
LW, Magos L, Suzuli T, editors. Toxicology of Metals. Boca Raton, FL: CRC from personal care products. Bulletin of Environmental Contamination and
Press; 1996. pp. 9–28. Toxicology. 2010

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(Ni), arsenic (As), lead (Pb) and mercury (Hg). 163 nephrotoxic165 (kidney), neurotoxic166 (nervous
These heavy metals can be found in natural system) and hepatotoxic167 (liver) in nature and
sources as well as non-natural sources. For may also affect the reproductive system 168.
instance, some of these elements could be Specifically, cadmium affects the skeletal,
found in honey, olive oil, argan oil and some respiratory, reproductive, metabolic and renal
other essential oils. systems of the human body. Studies also show
that it has a connection to provoking lung
The use of cosmetics can be differentiated
cancer, kidney damage and also diabetes.
under three heads based on the time they
Nickel is used in many beauty products like
remain in contact with the human body. The
lipsticks, mascaras, eye shadows, eyebrow
first one is those in contact with the body for a
pencils and even face washes and creams 169.
short span of time like face wash, shampoos,
The side effect of usage of the products in and
scrubs etc. They require rinsing and will be
around the face areas is a likelihood of chronic
washed off soon after application. The second
dermatitis. Mercury is one of the frequently used
type is the process of application, which later
heavy metals during the formulation of these
needs to be allowed to absorb things like body
beauty products. The shiny, silvery and dense
lotion, make-up products etc. Lastly, some
liquid texture of mercury helps make skin-
products like hair colors, nail polish etc. remain
lightening creams.
in contact with the body for an extended
duration. Other ways through which heavy According to a study published on Contact
metals gain entry into the human body are oral Dermatitis, out of 88 eye shadow colors from
ingestion of these cosmetic products. This could various brands, 75% of them contained >5ppm
be the application of some products on the lips (parts per million) of at least one of these heavy
like lip balms, gloss, lipstick, concealer or lip metals - lead, cobalt, nickel and arsenic170. A
pencil. The transmission of heavy metals can study conducted by the Campaign for Safe
also take place through the buccal cavity with Cosmetics in the US showed that 61% of the 33
the usage of toothpaste, breath sprays and different brands of lipsticks had lead up to the
mouthwashes. According to several levels of 0.65 ppm171. Another study by the United
suggestions from studies , the concentration
164
States Food and Drug Administration (FDA) also
of heavy metals like lead, mercury and found that the lead in the lipstick samples had
cadmium is higher in the consumers of topical contamination levels ranging from 0.09 to 3.06
cosmetics than those who do not use the same. ppm172. A study by WHO on the usage of skin-

IV. EFFECTS OF HEAVY METALS ON THE HUMAN


165 Arshad H, Mehmood MZ, Shah MH, Abbasi AM. Evaluation of heavy
BODY metals in cosmetic products and their health risk assessment. Saudi
Pharmaceutical Journal. 2020
166 Karri V, Schuhmacher M, Kumar V. Heavy metals (Pb, Cd, As and MeHg)
The usual heavy metals present in cosmetic
as risk factors for cognitive dysfunction: A general review of metal mixture
products can be listed as lead, cadmium, nickel, mechanism in brain. Environmental Toxicology and Pharmacology. 2016
167 Horowitz Y, Greenberg D, Ling G, Lifshitz M. Acrodynia: A case report
mercury and arsenic. Bluntly put, heavy metals of two siblings. Archives of Disease in Childhood. 2002
168 Chauhan AS, Bhadauria R, Singh AK, Lodhi SS, Chaturvedi DK, Tomar
when in contact with the organs of the body are
VS. Determination of lead and cadmium in cosmetic products. Journal of
Chemical and Pharmaceutical Research. 2010
169 Table 2: Cosmetic Samples Purchased from Markets in Delhi; Heavy

Metals in Cosmetics study by CSE India,


https://cdn.cseindia.org/userfiles/Heavy_Metals_in_Cosmetics_Report.pdf
(Published on January 2014)
163 Heavy Metals in Cosmetics: The Notorious Daredevils and Burning Health 170 Basketter D.A., Angelini G., Ingber A., Kern P.S., Menné T. Nickel,

Issues by Abdul Kader Mohiuddin Published on August 20, 2019 and Heavy chromium and cobalt in consumer products: revisiting safe levels in the new
Metals in Cosmetics: Tamara Attard and Everaldo Attard on millennium. Contact Dermatitis and Smith, V., Clark, S., Wilkinson, M., 2015.
https://www.intechopen.com/chapters/80103 (published on Januray 19th Allergic contact dermatitis in children: trends in allergens, 10 years on. A
2022) retrospective study of 500 children tested between 2005 and 2014 in one
164 European Parliament and Council of the European. Regulation (EC) No Ukcentre
1223/2009 of 30 November 2009 on cosmetic products. Official Journal of 171 Lead in Lipstick. Retrieved October 28, 2010, from
the European Union. 2009;L342:59-209; Roman A, Madras-Majewska B, http://www.safecosmetics.org/article.php?id=223
Popiela-Pleban E. Comparative study of selected toxic elements in propolis 172 Lipstick and Lead: Questions and Answers. Retrieved October 28, 2010,

and honey. Journal of Apicultural Science. 2011;55(2):97-106 from

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lightening creams, soaps and lotions in Asia organic colors and natural organic colors
and Central Africa shows that there is use of during the production of Cosmetics. The rule 178
mercury in such products which causes anxiety, has the following ceiling for the use of heavy
depression, skin infection, nerve damage and metals:
mild memory loss in cases of excessive use. 173 A
a. 2 ppm of Arsenic when calculated as
study done by the California Department of
Arsenic Trioxide
Public Health published an investigation report
b. 20 ppm of lead when calculated as lead
on the excessive use of mercury in an unlabeled
c. 100 ppm of heavy metals apart from
face cream that claimed to dull freckles and
lead when calculated as the total of the
age spots, brighten the face and treat acne
respective metals.
containing 5.6 ppm of mercury in it.174
According to Sections 10179 and 10 A180 of the
V. LAWS RELATED TO COSMETICS IN INDIA rules which delegates the power to the Central
Government if satisfied, by notification from
Cosmetic products in India are mostly governed
time to time placing consideration upon public
by the Drug and Cosmetics Act, of 1940, Rules of
welfare, may prohibit the import of certain
1945175 and Labeling Declarations by Bureau of
cosmetics. Section 26 A181 gives power to the
Indian Standards of India (BIS). The Bureau of
Central Government to prohibit the
Indian Standards sets up the standards for
manufacturing of certain cosmetics when such
cosmetic and personal healthcare products
product is dangerous or risks the life of any
under Schedule ‘S’ of the Act.
human being or animal. According to Rule 129
The Bureau of Indian Standards provides Indian G182, cosmetics that are being imported shall be
Standards (IS) for cosmetic and healthcare in conformity with the specifications mentioned
products like skin creams and lipsticks with under Schedule S and Schedule Q. Rule 145 183 of
specifications of the products with numbers like the Act prohibits the use of arsenic and lead as
6608:2004 and 9875:1990 respectively . The Act 176 coloring agents in cosmetic products. Rule 145
further mandates the manufacturer under Rule D184 prohibits the manufacturing of cosmetic
134177 of the Drugs and Cosmetics Rules that the products with the composition of mercury or
dyes, colors and pigments used in the cosmetic through its synonyms like mercurous chloride,
products shall comply with the IS 4707 Part I in mercuric, mercurio, and calomel. Further, Rule
accordance with Schedule Q of the Drugs and 135185 prohibits the import of cosmetics and care
Cosmetics Act and Rules. The other ingredients products containing lead and arsenic
used in the cosmetics shall comply with IS 4707 compounds which have been used as coloring
Part II. These rules are flexible and the
Government may, as and when required as the
market processes amend the IS. The rules also
178 134: Cosmetic to contain Dyes, Colors and Pigments of The Drugs and
Cosmetics Rules, 1945 (As amended up to 31st December, 2016)
lay down the parts per million of these heavy 179 Section 10: Prohibition of import of certain drugs or cosmetics; The Drugs

and Cosmetics Act, 1940 (As amended up to 31st December, 2016)


metals permissible to add with the synthetic 180 Section 11: Power of Central Government to prohibit import of drugs and

cosmetics in public interest.; The Drugs and Cosmetics Act, 1940 (As
amended up to 31st December, 2016)
181 Section 26 A: Power of Central Government to prohibit manufacture, etc.,

http://www.fda.gov/Cosmetics/ProductandIngredientSafety/ProductInform of drug and cosmetic in public interest.; The Drugs and Cosmetics Act, 1940
ation/ucm137224.html (As amended up to 31st December, 2016); Ins. by Act 68 of 1982, s. 21 (w.e.f.
173 Mercury in skin lightening products: 1-2-1983)
http://www.who.int/ipcs/assessment/public_health/mercury_flyer.pdf 182 129 G: Standard for imported cosmetics.; The Drugs and Cosmetics Rules,
174 Liu S., Hammond S. K., Rojas-Cheatham A.; Concentrations and Potential 1945 (As amended up to 31st December, 2016)
Health Risks of Metals in Lip Products. Environmental Health Perspectives 183 145: Use of Lead and Arsenic compounds for the purpose of coloring

2013 cosmetics prohibited.; The Drugs and Cosmetics Rules, 1945 (As amended
175 The Drugs and Cosmetics Rules, 1945 (As amended up to 31st December, up to 31st December, 2016)
2016) 184 145: Prohibition of manufacture of cosmetics containing mercury
176 Indian Standards Referred in Government Regulations compounds.; The Drugs and Cosmetics Rules, 1945 (As amended up to 31st
https://www.bis.gov.in/standards/technical-department/petroleum-coal- December, 2016); Ins. by G.S.R. 1074, dt. 19.8.1978 (w.e.f. 2.9.1978)
and-related-products/indian-standards-referred-in-government-regulations/ 185 135: Import of cosmetic containing Lead or Arsenic compound

(Visited on 28.03.2023) prohibited.; The Drugs and Cosmetics Rules, 1945 (As amended up to 31st
177 Subs. B y G.S.R. 811 (E), dt. 14-11-1994 December, 2016)

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agents and Rule 135 A186 prohibits the import of The European Economic Community (EEC)
cosmetics having mercury as a component in Directive of 1977 190
enumerates the purity
them. Rule 134-A 187
prohibits the import of requirement of some of the coloring agents in
cosmetics that contain the compound Article 7 and Annex I191. The maximum
hexachlorophene in them. concentration of these heavy metals as
coloring agents is also mentioned for some
VI. ENACTMENTS RELATED TO HEAVY METALS
agents. These coloring agents are standardized
AROUND THE WORLD
as GRAS – Generally Recognized as Safe.
A. INTERNATIONAL COOPERATION ON COSMETICS Annexure II of Cosmetic Regulations consists of
REGULATION (ICCR) the prohibition of chemicals like Arsenic, Lead
cyanide, human tissue etc.
In this global village, it is the International
Cooperation on Cosmetics Regulation (ICCR)188 C. UNITED KINGDOM
that regulates and discusses the major global
According to the United Kingdom Cosmetic
concern related to cosmetics and personal
Product Regulation (CPR), the presence of a
hygiene care products. This organization is a
small amount of these heavy metals with
voluntary international group of countries such
absence of intention is permissible and such
as Canada, Brazil, Taipei, Japan, the European
product shall be deemed as ‘safe for use’ 192. The
Union, the Republic of Korea and the United
use of heavy metals under this category is
States. The organization started issuing papers
under the blanket of an ‘action limit’ and is
based on the impurities in cosmetic products.
recognized as ‘technically unavoidable in ‘good
Two reports were released by the organization –
manufacturing practice.193’
“Considerations on Acceptable Lead Levels in
Cosmetic Products (Excluding Products Used in D. THE UNITED STATES
the Oral Cavity)” and “Recommendation for
The Federal Food, Drug and Cosmetic Act 194
Acceptable Trace Mercury Levels in Cosmetic
enacted in the United States regulates the
Products”189. With the release of these two
healthcare products and ingredients which are
reports the major concern for the organization
used in making such products. The Act prohibits
was to reduce the contamination of mercury in
the use of any substance which may affect the
the cosmetic products and insisted that
health of the user. The main objective of the Act
mercury should be added in quantities less
is to trace the contamination in the cosmetic
than or equal to 1 ppm.
product on a case-to-case basis. The Food and
B. THE EUROPEAN UNION Drug Administration (FDA) specifies the

190 Council Directive 78/25/EEC of 12 December 1977 on the


186 135A: Import of cosmetics containing mercury compounds prohibited.; approximation of the laws of the Member States relating to the coloring
The Drugs and Cosmetics Rules, 1945 (As amended up to 31st December, matters which may be added to medicinal products; OJ No. L 11 of 14. 1.
2016); Ins. by X. 11013/76-D & MS, dt. 19.8.1978. 1978, p.18; (As modified by Directive 81/464/EEC of 24. 6. 1981 (OJ No L
187 134-A Prohibition of import of cosmetic containing Hexachlorophene.; 183 of 4. 7. 1981, p. 33))
The Drugs and Cosmetics Rules, 1945 (As amended up to 31st December, 191 List of coloring materials authorized for coloring medicinal products as at

2016); Added by G.S.R. 116, dt. 25.1.1975 1.2.84


188 Established in 2007 is a voluntary international group of cosmetics 192 Article 17 ‘Traces of prohibited substances’ which states ‘The non-

regulatory authorities from Brazil, Canada, Chinese Taipei, the European intended presence of a small quantity of a prohibited substance, stemming
Union, Israel, Japan, Republic of Korea, and the United States from impurities of natural or synthetic ingredients, the manufacturing
189 (Excluding Products Used in the Oral Cavity)’ (International Cooperation process, storage, migration from packaging, which is technically unavoidable
on Cosmetics Regulation, 2013) looks at exposure and tolerance to Pb in in good manufacturing practice, shall be permitted provided that such
different ICCR jurisdictions before recommending that ‘trace levels of lead in presence is in conformity with Article 3.
finished cosmetic products (excluding products used in the oral cavity) and 193 Cosmetic products are regulated in the UK by EU retained law Regulation

The second report ‘Recommendation for Acceptable Trace Mercury Levels in (EC) No.1223/2009 (European Union, 2009) setting out the rules on the
Cosmetic Products’ (International Cooperation on Cosmetic Regulation, supply of cosmetic products where the overriding consideration is ensuring
2016) also considered current regulations in different jurisdictions and safe cosmetic products are placed on the UK market and EU member
exposure to Hg; countries. Regulation (EC) No.1223/2009 is a revision of Directive
https://assets.publishing.service.gov.uk/government/uploads/system/uploa 76/768/EEC (European Union, 1976) which was the first regulation to set
ds/attachment_data/file/1142990/heavy-metals-in-cosmetics.pdf A requirements in 1976 for cosmetic products for members of the European
Feasibility Study Investigating Action Limits for Certain Heavy Metal Economic Community (EEC).
Impurities in Cosmetic Product by Office for Product Safety & Standards 194 [As Amended Through P.L. 117–328, Enacted December 29, 2022]

published on March 2023. https://www.govinfo.gov/content/pkg/COMPS-973/pdf/COMPS-973.pdf

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composition of the heavy metals which are heavy metals. arsenic, cadmium, lead and
used as coloring agents like lead, mercury and mercury shall be used in quantities less than 5
arsenic in cosmetic products. Further, the FDA ppm, 20 ppm and 1 ppm respectively.
has set a limit on the use of heavy metals in
VII. CONCLUSION
cosmetic products. For instance, no more than 1
ppm of mercury shall be used in cosmetics that “Looking beautiful”, “You’re Gorgeous”, “Your skin
fall under 21 CFR 700.13. Similarly, it prohibits the is so soft”, who doesn’t want these kinds of
use of zirconium in aerosol products which falls compliments? But aren’t these costing too
under 21 CFR 700.16. much and in some instances may be
someone’s life. It is so contradicting that these
E. CANADA
products come under the category of cosmetic,
Canada governs and regulates the cosmetics personal or self-care, health and hygiene care
and involvement of chemicals through the and not only costs you so much monetary
Canadian Food and Drugs Act , which does not 195
expenses but also ruins your health. The
let a person sell any cosmetic item which question which arises is when there is no health
injures or affects the skin or health of such a in due course of using such cosmetics, then why
user. health care?

F. CHINA It is not suggested that cosmetics products


shall not be used but what should be used must
In China, cosmetics are legislated by
be filtered. Many products may deceive the
‘Regulations Concerning the Hygiene
consumers by saying that it is completely
Supervision Over Cosmetics’. Under this
organic and safe to use but ingredients will
regulatory body, the Technical Safety Standards
include sulphate, paraben, lead, mercury etc.,
for Cosmetics 2015 is enacted and this specifies
which is not safe. Keeping in mind these kinds of
the safety standards, requirements, and ceiling
malpractice in the cosmetic industry, various
for combining heavy metals with the product
governments and organizations have started
during manufacturing. Further, it also lays down
regulating the use of the heavy metals in
the general requirement, components required
cosmetic items. The manufacturer shall comply
and other evaluation processes of such
with such provision and incase of import then
products. For instance, the ceiling to use
the person importing shall follow such
mercury in any of these product shall be less
provisions. In case of violation of the regulations,
than or equal to 1 mg/kg, for arsenic it is less
the manufacturer is penalized. In India, the law
than or equal to 2mg/kg, for lead it shall be less
governing the standards of cosmetics is the
than or equal to 10 mg/kg.
Drugs and Cosmetics Act, 1940 along with Drug
I. THE ASSOCIATION OF SOUTH EAST ASIAN and Cosmetics Rules 1945 which set up limits for
NATIONS (ASEAN) using such heavy metals in the cosmetic items.

The South East Asian countries are governed by Using beauty products is not wrong, but the
the Association of South East Asian Nations quality shall be given much priority along with
(ASEAN) on a global basis . The ten countries
196 the ingredients. The consumer awareness in this
together came up with guidelines for regulating arena shall be important. Ingredients used,
the composition of heavy metals along with composition of the cosmetic, expiry date and all
cosmetic products. The guidelines set limits for related details shall be known to the consumer
because these cosmetics come in contact with
195 Food and Drugs Act R.S.C., 1985, c. F-27 https://laws- semi-permissible human skin and get in
lois.justice.gc.ca/eng/acts/f-27/page-1.html
196 The ASEAN Cosmetic Directive (ACD) is an agreement among ASEAN contact with the organs and the consumer also
countries to harmonize requirements of cosmetic products so as to reduce
technical barriers to trade in the region. The ACD was implemented in has a right to be informed. Hence, cosmetics
Singapore from 1 January 2008.

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shall be used with utmost care and in required 8. [ANNEXES OF THE ASEAN COSMETIC
quantity. What is the use of beauty without the DIRECTIVE][https://www.hsa.gov.sg/docs/
body! default-source/hprg-cosmetics/annexes-
of-the-asean-cosmetic-directive-
VIII. REFERENCES
(updated-jan23).pdf][Last updated on
1. [Mr. Ramakant Sahu, Poornima Saxena, Dr. January, 2023]
Sapna Johnson][Heavy Metals in
Cosmetics-2014]
[https://cdn.cseindia.org/userfiles/Heavy
_Metals_in_Cosmetics_Report.pdf]
2. [CDSO][https://cdsco.gov.in/opencms/ex
port/sites/CDSCO_WEB/Pdf
documents/acts_rules/2016DrugsandCos
meticsAct1940Rules1945.pdf][Last visited
on: 23.03.2023 ]
3. [THE BUREAU OF INDIAN STANDARDS ACT,
2016][GOVERNMENT OF
INDIA][https://bis.gov.in/wp-
content/uploads/2020/12/BIS-Act-2016-
Bilingual.pdf][Last visited on 29.03.2023]
4. [Ian Axford, Dr, Sarah Hill, Gary Bird, Dr.
Sarah Singh & Kirsty Macintyre][A
Feasibility Study Investigating Action Limits
for Certain Heavy Metal Impurities in
Cosmetic Products][Office for Safety &
Standards
][https://assets.publishing.service.gov.uk/
government/uploads/system/uploads/att
achment_data/file/1142990/heavy-
metals-in-cosmetics.pdf][Last visited on
12.04.2023]
5. [Directive 78/25/EEC][http://www.it-
asso.com/gxp/eudralex_v27/contents/vol
-1/dir_1978_25/dir_1978_25_en.pdf][Last
visited on 14.04.2023]
6. [Chemical Inspection & Regulation
Service][Guidance on Regulations
Compliance of Cosmetic Products in
China 2016] [https://www.cirs-
reach.com/Uploads/file/20160401/2016040
1111037_75725.pdf]
7. [Canada Justice Laws Website][Foods
and Drugs Act R.S.C., 1985, c. F-
27][https://laws-
lois.justice.gc.ca/eng/acts/f-27/page-
1.html]

77 | P a g e Journal Home Page – https://ijlr.iledu.in/

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