A Manila councilor has filed an ordinance that will impose harsh penalties on business establishments and individuals engaged in the unlawful trade of dangerous cosmetics laced with mercury and other harmful substances.
Manila District 2 Councilor Numero Lim filed Draft Ordinance 7515 to ensure strict business compliance to the national ban on mercury in cosmetics above the allowable limit of 1 part per million (ppm) in line with the ASEAN Cosmetics Directive.
Lim cited the investigative work by the EcoWaste Coalition, an environmental watchdog, that provided evidence to the proliferation of contraband mercury-containing cosmetics in the city.
Last June 2013, the 15 samples of skin whitening products bought by the group from Chinese drug stores and health and beauty shops located in Binondo, Divisoria, Quiapo and Sta. Cruz tested with high levels of mercury up to 59,000 ppm.
As proposed, violators of the ordinance shall, upon conviction, be fined for not less than P50,000 but not more than P500,000 or imprisoned from one year to 10 years, or both.
If the violator is a manufacturer, importer or distributor, the fine of at least P500,000 but not exceeding P5,000,000 and the penalty of imprisonment for at least 5 to 10 years shall be imposed.
Furthermore, “any violation of (the) Ordinance shall be a basis for the suspension of the business license or permit for a period of not more than fifteen (15) days for the first violation; thirty (30) days for the second violation, and the revocation thereof for the third and subsequent violations.”
“The stiffer penalties for violators are just right for the serious health injuries linked to mercury exposure in cosmetics,” Lim stated.
Quoting from a United Nations Environment Programme handbook on mercury in products and wastes, Lim said “mercury use in cosmetic products can have adverse effects including skin rashes, discoloring and scarring, and can reduce skin’s resistance to bacterial and mycotic skin disorders; direct and prolonged exposure through the skin during repeated applications can cause damage to the brain, nervous system and kidneys.”
“We hope this measure will serve as an effective deterrent to combat illegal trade of mercury-laden cosmetics. If we can stop this dangerous trade in Manila, the rest of the country, we hope, will follow,” he said.
Among the acts to be prohibited under the ordinance include 1) “the manufacture, importation, marketing and promotion, distribution and sale of cosmetics with mercury in excess of 1 ppm”; 2) “the sale, wholesale or retail, of cosmetics that have not been authorized by the FDA”; 3) “the sale, wholesale or retail, of cosmetics that have not complied with the labeling requirements”; and 4) “the open dumping, open burning and/or disposal of banned, recalled and/or confiscated mercury-containing cosmetics in regular municipal solid waste.”
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