Happi Top 50’s Estée Lauder was fined $750,000 (CAD) in Canada for using “forever chemicals” in some of eyeliner products.

On January 13, 2026, at the Ontario Court of Justice, Estee Lauder Cosmetics Ltd. pleaded guilty to two counts of violating the Canadian Environmental Protection Act, 1999 (the Act).

According to the agency, the offenses were “related to the failure to inform the government regarding a significant new activity and the failure to comply with a compliance order.”

In addition to the fine, the company was ordered by the court to notify its shareholders about this conviction. The fine will be directed to the Government of Canada’s Environmental Damages Fund.

Background Information

In May 2023, as part of a routine inspection, Environment and Climate Change Canada enforcement officers discovered the company was selling some eyeliner products that had perfluorononyl dimethicone listed as an ingredient. Perfluorononyl dimethicone is a per- and polyfluoroalkyl substance (PFAS), sometimes referred to as “forever chemicals.”

The importation, sale and distribution of cosmetic products that have perfluorononyl dimethicone as an ingredient are considered a “significant new activity” under the Act. This means the company was required to notify the government before the activity occurred. This requirement allows the government to assess potential health or environmental risks in advance.

In this case, by not respecting the requirement to notify, the company violated subsection 81(4) of the Act.

On June 8, 2023, officers issued an environmental protection compliance order to the company regarding the “significant new activity.” The order outlined steps the company was to take to become compliant with the “significant new activity” requirements of the Act.

Ultimately, the company did not comply with the order, resulting in a violation of subsection 238(1) of the Act.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry in Canada.

History of PFAS & Makeup

PFAS has been an issue with makeup ingredients for some time now, as reported in Happi.

According to a study published in Environmental Science & Technology Letters, researchers found high fluorine levels—indicating the probable presence of polyfluoroalkyl substances (PFAS)—in “most waterproof mascara, liquid lipsticks and foundations tested.” 
 
Some of the products with the highest fluorine levels underwent further analysis and were all confirmed to contain at least four PFAS of concern. The majority of products with high fluorine, including those confirmed to have PFAS, had no PFAS listed on the label, according to the researchers.

Graham Peaslee, professor of physics at the University of Notre Dame, is the senior author of the study. 

The research team screened 231 cosmetic products purchased in the US and Canada for fluorine. More than three-quarters of waterproof mascara, nearly two-thirds of foundations and liquid lipsticks and more than half of eye and lip products had high fluorine concentrations, according to the study. 

All 29 products selected for targeted analysis contained detectable levels of at least four specific PFAS. This included PFAS that break down into other PFAS that are known to be highly toxic and environmentally harmful, said the researchers. Fluorotelomer methacrylates were also detected, indicating the breakdown of side-chain fluoropolymers.

Many of the products with PFAS were advertised as “wear-resistant” or “long-lasting.” Importantly, most PFAS were not disclosed on the ingredient labels, said the researchers.