UPDATE: NEW TALC RESTRICTIONS!
This blog post was written by Kanisha Acharya-Patel, WHEN’s Law Reform Specialist, and the views expressed are not intended as legal advice.
Earlier this year, we published a blog post regarding the mismanagement of Talc under the Canadian Environmental Protection Act. Talc is a toxic substance contained in thousands of personal care products (including baby powder, genital wipes and bath bombs) that is known to cause damage to the lungs (from inhalation) and ovarian cancer (from genital exposure to talc). Compared to the general population, people with ovaries are more susceptible to developing ovarian cancer from genital exposure to talc. Further, people with ovaries who identify as women may face greater genital exposure to talc than the general population. This is because of gendered beauty norms that result in personal care products - and specifically “feminine hygiene” products - being disproportionately marketed towards and used by people who identify as women.
So what’s the issue?
Despite talc being listed as a toxic substance in 2018 because of its potential to harm human health, talc-containing products that may be exposed to the genital area of people with ovaries were not banned or even required to include a cautionary statement regarding ovarian cancer. This interferes with one’s ability to make informed purchases and has no doubt resulted in many preventable genital exposures to talc.
Many organizations, including WHEN, have been advocating for the ban of talc in personal care products and, at the very least, a requirement that talc-containing products that may be exposed to the genital area of people with ovaries have a cautionary statement regarding the link between genital exposure to talc and ovarian cancer.
FINALLY - NEW RESTRICTIONS!
In May 2024, Health Canada decided to update the restrictions and labelling requirements for talc under the Cosmetic Ingredient Hotlist (a tool Health Canada uses to communicate to product manufacturers that certain substances, when present in a cosmetic, are prohibited or restricted for use). While this is unfortunately not a ban on talc entirely, these new restrictions are a big step forward in protecting the health of people with ovaries.
The new restrictions include:
Talc is "Not permitted in products intended solely for use in the genital area of those who have ovaries"
"Products that could come in contact with the genital area (for example, diapering products, body powder, bath products)" must include the following cautionary statement: "Do not use in the genital area of those who have ovaries"
At first glance, these restrictions sound great. But, if you really read them, Health Canada is keeping loopholes open - for example, talc could still be contained in body powders that are used in the genital area because the product is not intended solely for use in the genital area. Also, the cautionary statement does not specify why you should not use talc-containing products in the genital area (i.e. that it causes ovarian cancer). Whether intentional or unintentional, Health Canada’s decision means that consumers won’t have all of the necessary information to make an informed choice of whether to buy or use a talc-containing product on their genital area. Personally, I would take a warning more seriously if I knew that there was risk of cancer. Wouldn’t you?
It remains unclear exactly when these new rules will come into effect, and how they can be enforced, especially for products that are already on the shelves. So, we reached out to Health Canada with the following questions, and received a lengthy response a couple of weeks later.
WHAT DID WE LEARN?
The restrictions are in writing and technically required, which is great, but it’s unclear whether all companies even know about the new restrictions, and public awareness is lacking. There is no real enforcement for these restrictions unless people file complaints and Health Canada chooses to investigate, which puts way too much responsibility on individual consumers. We need Health Canada to do more!
Here’s what Health Canada said:
Will the Natural Health Products Ingredients Database (database of ingredient information) be updated to include "Do not use in the genital area of those who have ovaries" as a required risk statement for talc-containing products that could come in contact with the genital area? Yes, these changes are now reflected in the NHPID.
Why has Health Canada chosen not to include the reason for the cautionary statement (i.e. because genital exposure to talc is linked to ovarian cancer)? The Cosmetics Regulations only require the label to include directions for safe use, and the reason for the cautionary statement is not considered a direction.
Why is the cautionary statement not required for "Products in loose powder form that may be used for diapering", "Other products in loose powder form intended for use on the face or body", "Other products in loose powder form (for example, dry shampoo, foot powder)" and "Other cosmetics", despite the fact that these products could come in contact with the genital area? It is required - all products that could come in contact with the genital area must include the cautionary statement. Products that could come into contact with the genital area that are in loose powder form have additional requirements related to risks of inhalation.
Do these requirements only apply to talc-containing products that have not entered the market? What about products that are already being sold? Health Canada expects industry to take appropriate steps to ensure all products meet the new requirements. So, the requirements technically apply to products that are currently on the shelves but there’s no oversight (which makes us question whether industry will actually do anything).
What actions are being taken to ensure that the new restrictions for talc are followed? Sellers and manufacturers are responsible for ensuring that the requirements are met. This is quite concerning, because without enforcement, what is really incentivizing companies to make these changes? Health Canada will only take enforcement action after complaints are received. Information on how to make a complaint can be found here.
When will these new restrictions come into force? Health Canada did not provide a specific timeline.
How will Health Canada be communicating these new restrictions to consumers in order to increase public awareness? Health Canada says they have engaged in public outreach activities about the risks of talc, but did not specify any new outreach activities regarding the new restrictions. Health Canada sent a notification to subscribers to the Cosmetics Mailing List (WHEN just signed up, and we encourage you to as well!). Health Canada says “efforts are being made to contact companies” that sell products containing talc. This is concerning - why aren’t all companies with products containing talc automatically notified?
Given the rise in cases of mesothelioma (an aggressive form of cancer that usually occurs in the tissue that lines the lungs or the abdomen) due to the use of talc-containing products that have been contaminated with asbestos (a known carcinogen), such as Johnson & Johnson baby powder, will Health Canada be adding a cautionary statement to that effect? No. Health Canada maintains that cosmetic talc is not contaminated with asbestos.
Has the Consumer Product Safety Program (CPSP - branch of Health Canada responsible for identifying, assessing, managing and communicating health and safety risks associated with consumer products and cosmetics) conducted any compliance verification projects (i.e. checking industry’s compliance) for talc-containing personal care products to test whether these products are contaminated with asbestos? If not, is there a way for a member of the public to request that the CPSP conduct this testing? Because this issue relates to asbestos, it is a different government body (i.e. Environment and Climate Change Canada) that is in charge of compliance verification. In 2021, ECCC did testing on 100 samples of talc-based facial cosmetic products and found no asbestos. But we need more routine testing on more than just facial products! Apparently, enforcement officers will “act in accordance with the Compliance and Enforcement Policy”. Suspected violations can be reported to the Enforcement Branch by email at enviroinfo@ec.gc.ca.
SO WHAT NOW?
Keep raising awareness about the risks of talc
Avoid talc-containing personal care products
If you come across a talc-containing personal care product that could come in contact with the genital area of people with ovaries and doesn’t have the hazard label, file a complaint
If you’re worried your personal care products, like eye shadow and bronzer, may be contaminated with asbestos, report it to enviroino@ec.gc.ca