Further to our “Urgent Development Notice” issued late last week concerning a new information request issued by the Consumer and Hazardous Products Safety Directorate (CHPSD) regarding polyfluoroalkyl substances (PFAS), CA Canada has been able to secure some important clarifications in the scope and intent of the data gathering notice as issued late last week, as well as to whom the notice was sent. Based on these clarifications, CA Canada is pleased to provide members with this follow-up update and recommendations as to how those in receipt of this information request should respond.
BACKGROUND
As previously reported, this past June, a paper entitled “Fluorinated Compounds in North American Cosmetics” was published in Environmental Science and Technology Letters (Whitehead et al., 2021) wherein it was reported that a number of cosmetics in Canada and the US were found to contain PFASs, which are a large group of chemicals that are often characterized as ‘forever chemicals’, given their potential environmental persistent properties. Although this may certainly be the case for some perfluorinated substances, work is on-going presently under the Canadian Chemicals Management Plan (CMP) to more appropriately sub-delineate this large grouping of chemicals, as it is acknowledged not all PFASs necessarily would present the same environmental risks. Gaining a further understanding of the multitude of different type of related chemical classes that are commonly characterized as PFASs is an important part of the regulatory due process that Environment and Climate Change Canada and Health Canada recently outlined in their Notice to Stakeholders, identifying a 2-year plan to more appropriately direct any corresponding risk mitigation efforts, moving forward.
The information gathering initiative CHPSD launched last week is intended to address three very distinct points for follow-up in relation to this study.
- Labelling verification (given that the study opening identifies potential concerns related to product labelling);
- Confirmation of current market status in Canada (i.e., are products identified in the study sold in Canada); and
- Information gathering (to gain insights and provide supplemental context to the study findings to help inform future risk assessment and management activities).
Unfortunately, the overall context underpinning these initiatives is not clear in the notice that was issued last week. Originally, multiple information asks were contemplated; however, in the end, CHPSD decided to combine everything into one communique. Regretfully, in their bid to simplify and streamline the notice into a single ask, some of the underlying context for these information gathering initiatives was lost.
As members are no doubt aware, interests regarding the potential environmental risks of PFAS is an emerging global issue of concern across all industry sectors (including cosmetics and personal care). In Canada, PFASs are the subject of a large group of over 4,200 substances to which the Government of Canada is presently addressing under the Chemicals Management Plan. As outlined previously, a corresponding Action Plan was published in April 2021 outlining science investigations and information gathering approaches aimed at focusing corresponding follow-up risk assessment and management activities. In this regard, this information request from CHPSD serves as an important first opportunity to provide insights that can further inform these initiatives and shape how ECCC and HC could approach this large class of substances in the future.
Therefore, with this clarification in the overall scope and intent of these early initiatives, voluntary engagement of our sector in such initiatives will be helpful and potentially influential, and consequently responding to this information request is supported.
RECOMMENDATIONS – RESPONDING TO SURVEY AND NEXT STEPS
At this juncture, Health Canada will NOT be re-issuing their information requests.
WHO (should receive request):
Information requests were sent out ONLY to cosmetic/personal care companies whose Brands were identified in the study.
WHAT (information to provide):
Members in receipt of this request will have received 1 of 2 template letters (depending on whether the sampled product is notified in the Cosmetic Notification System, CNS).
[Specific products/brands that were sampled were not openly disclosed in the study, information reflected in the requests are based on Health Canada’s follow-up with the study authors, who shared the list of implicated products directly with officials]
Irrespective of the letter received, the information requests outlines 3 specific asks (as excerpted below):
- Comments on the findings of the study with respect to the identified products
- Confirmation whether the product is available for sale in Canada, and if so, to confirm a cosmetic notification has been submitted to Health Canada (and/or whether the product has been or plans to be discontinued); and
- A copy of the product labels for review
Regarding ASKS 2 and 3 (per above):
TIMELINE FOR RESPONSE TO ASKS 2 and 3:
- Members should respond as soon as possible (or at a minimum, communicate intent to respond within a reasonable timeline, if a bit more time is required – given the timing of this request)
- Notionally, Health Canada would appreciate receiving input within the next couple of weeks (as in their estimation this information should be readily available)
The information covered under these two asks are intended to help officials respond to inquiries from the Director Generals and Assistant/Deputy Minister’s offices, in relation to possible pressures from political committees. The need for the Department to show some form of action in response to the study is of significant interest, particularly, considering some of the operational critiques that the Auditor General’s Office (AGO) presented in their audit of the cosmetic program a few years ago.
Although responses to this information request is voluntary, members are encouraged to follow-up as recommended, below:
For products for which a CNF Reference is identified:
- The letter will specifically identify the corresponding Cosmetic Notification Reference related to the sample product in question
- Health Canada is looking to confirm:
- That the identified Cosmetic Notification is current (note: there should be no need to confirm that a cosmetic notification has been filed as HC has already confirmed this to be the case)
- Whether or not this product is currently in market in Canada
- Whether or not there are plans to discontinue this product in Canada (along with a reminder, that if the product is (or intended to be) discontinued, that there is an obligation to report this change in status [note: NO specific action is required if no such plans are in place or even being considered at this time; these updates are only required once the product is discontinued]
In addition, a copy of the label is requested (provided electronically)
- To highlight any PFASs intentionally included in the product (and hence identified on label)
- To indicate that any PFASs detected may be present as an impurity (in which case identification on label is not necessary)
For products NOT found with a CNF:
- The letter will generically identify the product (without reference to Cosmetic Notification Reference)
- Health Canada is looking to confirm:
- That product is not available for sale in Canada (and as such no Notification is required)
- If the product is marketed in Canada, to verify notification status, as appropriate
- In the event that the product is marketed in Canada, the provision of a copy of the label to similarly confirm PFAS labeling (as outlined above) is also requested
As for ASK 1 (per above):
TIMELINE FOR RESPONSE TO ASK 1 (information to be provided to Cosmetics Alliance):
- Please provide insights directly to regulatory@cosmeticsalliance.ca [subject line: PFAS Follow-Up]
- Input should be shared as soon as possible (but no later than close of business [17:00 EDT] Friday, September 10, 2021).
In consultation with Health Canada, Cosmetics Alliance has agreed to consolidate a single generic response on behalf of industry.
- Any input provided will be kept in the strictest of confidence
- Cosmetics Alliance will consolidate and anonymise information, so to identify ‘big picture’ trends for discussion and follow-up
This ask should considered by ALL MEMBERS – irrespective of whether brands/products are identified in study.
In this regard, we are requesting the following input from ALL MEMBERS
- An indication as to whether PFAS ingredients are INTENTIONALLY USED in your products (complete the table below):
| Specific PFAS | Product Class/Type (e.g., foundation, mascara, etc.) |
Function(s) in Product |
Information outlined in this table will be used to prioritize possible PFASs or PFAS classes that may have functional/benefit profiles of potential interests in products. This data would also be helpful in identifying possible alternatives and/or substitution strategies that could look to minimize or mitigate potential PFAS releases to the environment
- Thoughts on possible formation or presence of PFAS in formulations as an unintentional impurity; and possible mechanisms to minimize or mitigate formation in situ.
- Strategic considerations to facilitate delineating between different classes of PFASs (distinguishing those PFASs or class of PFASs that may present the greatest concerns in terms of relative or overall persistence) to see if certain PFASs may present different risk profiles to those of highest potential concern; and/or
- Any research ideas or supplemental data gathering efforts that may ultimately help shape prioritisation, categorization/sub-grouping, risk assessment (including alternative assessment) and potential risk management
- Given the relative complexity of this specific information ask, CHPSD has acknowledged that more time should be allowed to allow for industry to contribute to this follow-up more comprehensively. You will see that we have worked out a more expansive response window to allow for the coordination of this information from across our membership.
POSSIBLE FUTURE RELATED SURVEYS
The present activities are exclusively focused on Brands/Members with products identified in the study. Broader follow-up action may be contemplated by ECCC and Health Canada and additional follow-up information gathering initiatives can be anticipated over the course of the next few months.
We would also note to members that in addition to such Government-lead information gathering exercises; there are several on-going global industry collaborations and science-based dialogues regarding PFAS. CA Canada is aware of and actively participating in many of these discussions, as we look to identify similar information gathering efforts across jurisdictions to socialize a common and/or aligned approach, as much as possible.
This is only just the beginning – please stay tuned, as additional information gathering efforts are inevitable in the next few months/years to come.
Questions? Please touch base with your CA Canada Science, Regulatory and Market Access team, so we can help navigate these information requests and maximize opportunities to help shape future strategic considerations and program initiatives under the CMP and abroad.
