The non-governmental organization (NGO) Zero Mercury Working Group (ZMWG) has conducted a market monitoring of skin lightening products sold online and found that toxic mercury cosmetics are still being marketed as a ‘solution’ for dark skin. The ZMWG is urging the negotiators at the Fifth Conference of the Parties (COP5) to the Minamata Convention to address the enforcement gaps and implementation failures related to mercury-containing cosmetics. 

African proposal 

In May 2023, Botswana, and Burkina Faso on behalf of the African Parties to the Minamata Convention, proposed an amendment to eliminate the use of mercury in cosmetics, removing the current 1ppm threshold for mercury in cosmetics and phasing out the substance completely by 2025. Mercury is used in products such as skin lightening products (SLPs) which are predominantly used by people of colour to obtain lighter skin. The text of the proposal can be found here.

The African amendment seeks to strengthen the Minamata Convention provision by: 

• Banning the production and sale of all ‘mercury-added’ cosmetics, not just those containing more than 1 ppm of mercury.  

• Restricting the trade of ‘mercury-added’ SLPs, including sales, offers for sale, marketing, advertising, and display. 

• Coordinating inter-ministerial, bilateral, and/or regional strategies to phase-out mercury SLPs  

• Increasing public awareness regarding the risks associated with mercury SLPs. 

Report by Zero Mercury Working Group 

On 12 October 2023, the NGO Zero Mercury Working Group (ZMWG) released its report on ‘Online Marketing of Toxic Skin Lighteners’. In the report they state that they have found mercury levels ranging from 1.18 ppm to 74,800 ppm in 191 out of 213 SLPs purchased from online platforms.  

The report highlights the current lack of adequate measures to stop the production and online sale of mercury-added SLPs. Online platforms, continue to avoid their duty to stop unethical sellers from advertising, marketing and selling illegal SLPs. 

Based on information from the packaging of these products ZMWG said that most of these products are manufactured or distributed from Pakistan (34 %), Thailand (17%) and China (13%) and sold on various online platforms such as Amazon, eBay, Shopee, and Flipkart 

In addition, ZMWG has highlighted some other issues with the information on the packaging of SLPs: 

1. The information on the packaging is often inaccurate and misleading information. 

2. Mercury-added SLPs that did not list mercury as an ingredient  

3. Country of origin is not always listed. 

4. Obscure name of manufacturer 

5. Web links that lead to unsafe or unrelated webpages. 

6. Phone numbers that do not connect to the manufacturer. 

In November 2022, the East African Standards Committee (EASC)  released a Draft East African Standard (DEAS 1114:2022) that specifies the requirements, sampling, and test methods for insecticidal aerosols. This draft aims to categorize a standard for insecticides and pesticides as per ISO (International Organization for Standardization) and IEC (International Electrotechnical Commission) standards. The Draft Standard covers the following countries in East Africa: Burundi, Kenya, Tanzania, Rwanda, and Uganda.

In keeping with the standards, the insecticidal aerosol needs to fulfill the following requirements:

• The final formulation of the insecticidal aerosol will be in solution or emulsion form of insecticides with the required number of propellants, deodorants, and other ingredients.
• The aerosol must be a non-staining and light-colored liquid without any obnoxious odor while spraying.
• The essential active ingredients will be pyrethrin or artificial pyrethroids with low mammalian toxicity with some other effective pest management product with low residual impact and without unacceptable risks posed to mammals subjected to non-stop inhalation of that product.
• The active ingredient used in the aerosol must be approved by the responsible national authority.

• All the active components used for formulation must be compatible, and the solvents or other diluents shall be inert.

• The insecticidal aerosol must not contain CFCs (chlorofluorocarbon).

Specific Requirements for insecticidal aerosol shall abide by obligations stipulated in Tables 1 and 2 when tested by the method prescribed therein. Annex A to F can be found in the DEAS 1114:2022.

Table 1: Biological efficacy of insecticidal aerosol

 Table 2: Other specific requirements for Insecticidal aerosol

The active ingredient content shall be declared on the labels and comply with the tolerance limits in Table 3.

Table 3 — Tolerance limits

The insecticidal aerosols must be packed in closed containers for quality protection. The nozzle of the aerosol

 must be packed in the following way:  

1. 1. 1. Protected against puncturing/activation with a cap or seal manufactured from a suitable material that does not react with the product
      2. Hermetically sealed at the bottom
      3. Equipped with a discharge button or spray cap
      4. The materials used for the valve and button shall be inert.

While labeling aerosol each package shall be decipherable and indelibly labeled in English or other official languages. The name of the product must be mentioned as “insecticidal aerosol” with all proper indications like “used for flying insects or crawling insects”. Other basic information like the name,  common name of active ingredients with their percentage, manufacturer name, net content, batch number, and other essential details should be properly mentioned on the label. Special indications like safety signs and hazard pictograms, and flammability categories must be indicated. Before moving into the market, the insecticidal aerosol must complete all the quality checks.