On May 16th, Environment and Climate Change Canada (ECCC) and Health Canada published the Summary of the assessment of 10 substances in the Ketones Group specified on the Domestic Substances List and of Ministerial Statements (section 77 of the Canadian Environmental Protection Act (CEPA), 1999) in Canada Gazette, Part I, Volume 160, Number 20.
In this grouping, methyl ethyl ketone (MEK) and methyl isobutyl ketone (MIBK) were determined to meet one or more of the criteria set out in section 64 of CEPA. The other eight substances did not meet the criteria. However, 2,4-Pentanedione (CAS RN 123-54-6) was identified as having the potential to meet the criteria if current exposures were to increase. This substance is not currently used in products available to consumers and is not listed in the INCI dictionary.
Nevertheless, this publication is noteworthy because 2,4-Pentanedione is proposed for addition to the CEPA Watch List. As noted in our April 29 Regulatory Essentials, the final Watch List Approach document was published on April 28.
The recent Ketones Group publication is important because it confirms that the Watch List is now active and being applied within Canada’s Chemicals Management Plan (CMP). This signals an important shift for industry. Although the Watch List is described as an administrative tool intended to identify substances that could become a future concern due to changing uses, exposure patterns, or emerging information, it is still a publicly available list. Inclusion of a substance on the Watch List could therefore attract increased regulatory, commercial, and reputational attention even in the absence of current risk management measures.
While Watch List inclusion does not create new legal obligations, it may still influence customer expectations, supply chain decisions, ESG reviews, NGO activities, and/or substitution planning (including pre-empting substitution needs). For members, this means that substances with no current restrictions may still shape business risk and market perception, but this may also present potential business opportunities. In this regard, moving forward members will need to consider and weigh potential implications, both positive and negative, regarding substances that are highlighted on this List.
CA Canada continues to monitor Watch List activities and will consider opportunities to share further information with members. Members with questions or comments regarding the Watch List Approach are encouraged to contact the CA Regulatory Team at regulatory@cosmeticsalliance.ca or ECCC’s Substances Management Information Line at substances@ec.gc.ca or 1-800-567-1999 (within Canada) or 819-938-3232 (outside of Canada).
