Estée Lauder’s Canadian arm is facing a major environmental rebuke, with Esteé Lauder Cosmetics Ltd. fined $750,000 after an Ontario court found it violated the Canadian Environmental Protection Act, 1999 (CEPA) in connection with forever chemicals used in eyeliner.

The Core Offense Under CEPA Guidelines

During a routine inspection in May 2023, Environment and Climate Change Canada (ECCC) officers found that certain Estée Lauder eyeliner products sold in Canada listed Perfluorononyl Dimethicone, a per- and polyfluoroalkyl substance (PFAS), as an ingredient. Under CEPA, using this PFAS in cosmetics is classified as a significant new activity, which triggers a legal requirement to notify the federal government before import, sale, or distribution so regulators can assess potential health and environmental risks. Estée Lauder failed to provide this prior notification, breaching subsection 81(4) of CEPA.

On June 8, 2023, after discovering the PFAS use, officials issued an environmental protection compliance order outlining steps the company had to take to come back into compliance. Estée Lauder did not fully comply with that order, resulting in a second offence under CEPA and ultimately two guilty pleas before the Ontario Court of Justice.