Skin-lightening products In this feature l world-wide markets l chemical content l sampling project UNDER THEIR When a fifth of all skin-lightening products failed safety tests, a London-wide campaign to tackle the hazards gained national media coverage. Cenred Elworthy tells the tale S kin-lightening cosmetics are used in an attempt to reduce skin pigmentation, to even skin tone and to remove perceived blemishes. Their use is a result of a complex mix of historical, social and cultural factors. In Elizabethan England, for instance, Venetian Ceruse a mixture of white lead and vinegar was applied to skin; even today products containing mercury, hydroquinone and corticosteroids continue to be manufactured, distributed and used worldwide. In Europe, hydroquinone is prohibited outright for use in skin cosmetics, whereas in the United States a maximum content of two per cent hydroquinone is permitted. The worlds skin-lightening cosmetic industry is worth billions of pounds annually, with non-European markets catered for by many familiar companies. This has resulted in a thriving industry in counterfeit skin-lightening products. In addition, skin-lightening cosmetic businesses produce similar brands with different formulations for the EC, US, African and Asian markets. To add to the complexity, it is common for products to contain prohibited substances in their ingredients while making false claims that they are natural, or use vegetable extracts as their only active ingredients. In late 2014, following intelligence received identifying the continued presence in London of illicit skin-lightening cosmetics, the London Trading Standards Product Safety group decided to coordinate testing of a wide range of skin-lightening products (SLP) from across the capital, with a particular emphasis on products without labelling, indicating banned substances. The project was partly a result of enforcement actions already being taken within London, especially inthe London Boroughs of Southwark, Enfield and Hackney. There wasa perception that SLP distribution was more widespread than hadpreviously been identified, as well as an awareness of a gap in the recorded intelligence picture about the kind of products being importedand distributed. LTS BIDS TO S HINE S POTLIGHT ON ITS ELF In February, LTS commissioned a media According to LTS, the increased activity standards services do to protect the public. Justifying the cost of external comms in relations company to raise the profile of on its Twitter account and website are LTS generally, and illicit skin-lightening predominantly related to skin-lightening these cash-strapped times, Holmes said: products online specifically, using products. While it is a gamble taking on the cost of a dedicated web pages and social media Susan Holmes, LTS regional coordinator, professional PR firm, it is also false economy feeds. The initiative saw website views says LTS decided to invest in external to get social media set up and then hope it increase by 1,498 in just over two weeks, communications to raise the profile of will run itself as it doesnt. with the time spent on page averaging trading standards in London rather 3:28 minutes. than to take on a consumer education now, but this is a huge increase on the 35 role as it is consumer-interest stories that followers we had before the media relations G 96 tweets generate attention for trading standards. firm was engaged to do some work for us G 2,262 following It is hoped that the exposure generated on 6 February. It is also helping us to target G 333 followers by the skin-lightening products project will the followers that we want, so that we can G 41 likes help people realise what London trading aim for quality as well as quantity. In terms of Twitter, this has created: The worlds skin-lightening cosmetic industry is worth billions of pounds annually, with nonEuropean markets catered for by many familiar companies We may only have 333 Twitter followers Some 17 London boroughs took part in the sampling project, with a total of 130 products being test-purchased over a four-week period. Products were tested for hydroquinone and/or mercury, dependent on product type. All items were examined for labelling compliance. In accordance with current working practices, participating trading standards services (TSS) submitted intelligence reports on all failures. In addition, a template letter was provided for TSS formally to request suppliers details from distributors. Boroughs were asked to submit any further intelligence received, and to provide the RAPEX European Product Safety Alert database with details of significant product failures. In all, 122 samples were tested for hydroquinone, with 25 failures recorded a rate of 20.5 per cent. The highest level of hydroquinone detected was 8.2 per cent. Eighty-seven samples were tested for mercury, of which 33 (37.9 per cent) were found to contain the substance, with 14 (16 per cent) having more than 3mg/kg. The highest detected mercury content was 9130mg/kg (0.913 per cent). The use of formal requests by participating boroughs under Article 7 of the EC Cosmetic Regulations was found to be a particularly powerful tool, as non-compliance is a straightforward offence attracting the same penalties as other breaches of the EC Regulations. Along with port alerts, a series of importers were identified, including cases of distributors orchestrating arms-length importations involving third parties operating from residential addresses. Participating TSS acted in accordance with their local enforcement policies, taking into account advice and guidance that traders had already been given. T HE DANGERS Use of hydroquinone can lead to lungs. Corticosteroids, such as clobetasol prescription is provided to prevent adverse leukoderma, a total loss of pigment propionate, are only permitted in withdrawal symptoms. production in patches of the skin; it is also prescription-only medicines, as prolonged associated with an increased risk of skin use can lead to skin-thinning and adrenal from the use of banned substances, cancers. Mercury is still included as an problems, including Cushings Syndrome, natural melatonin production protects ingredient in some creams and soaps, where the body produces an excess of fat. the skin and body from the effects of the especially in products mainly distributed Even under prescription, corticosteroids sun. Reducing the concentration of skin in South and East Asia. Mercury can are usually only used for two weeks at a melatonin through artificial skin-lightening cause damage to the brain, kidneys and time and, after prolonged use, a taper may increase the risk of skin cancers. One significant area of concern is the presence in cosmetic products of prohibited substances that are not listed in the ingredients Leaving aside specific problems arising Where follow-up visits were conducted, substantial quantities of illicit skin-lightening cosmetics were seized, including corticosteroid creams. During the project it was noted the EC Cosmetic Regulations 2009 specifically prohibit corticosteroids as a class of ingredients within cosmetics. However, where a product is being marketed as a medicine the Human Medicine Regulations 2012 apply. It is apparent that some products try to take advantage of possible confusion arising out of a borderline product status by using the words prescription-only medicine on their packaging, alongside pictures of models and product names referring to skin-lightening effects. Invaluable logistical and analytical support was provided by the Medicines and Healthcare products Regulatory Agency (MHRA) to some participating boroughs in terms of testing products. In the months after the project, more than 8,000 items were seized from across London. Currently, 16 individual businesses are in the process of being prosecuted, with the London Borough of Barking and Dagenham having laid informations1 against five businesses, and Southwark, nine. In 2015, the London Borough of Southwark obtained convictions arising from seizures before the project, including a 12-month suspended sentence for one company director, along with a 4,000 costs order. In another case, Southwark obtained a total of 7,200 in fines and 4,571 in costs. In Hackney, a Proceeds of Crime Act confiscation order is ongoing, following a conviction obtained in 2015 for a company related to one of the Southwark convictions. In addition, Enfield Trading Standards obtained a 1,320 fine for a traders first offence. In other areas of London, wholesalers and distributors have been revisited and comprehensive advice provided. THE L AW In July 2013, the UK introduced the Regulations attract maximum penalties market that distributors have reason to Cosmetic Product Enforcement of two years imprisonment and unlimited believe are non-compliant. It has been Regulations 2013. The Regulations make fines. In addition, statutory conspiracy said that prosecution of the EC Cosmetic it an offence to breach various provisions offences may arise under the Criminal Regulations may not appear entirely of Regulation (EC) No 1223/2009, the Law Act 1977. The EC Cosmetic Regulations straightforward, and so counsels opinion EC Cosmetic Regulations 2009. These create a duty of care on distributors to on the Regulations was commissioned include provisions related to the labelling, conform with the requirements of the by Southwark Council in May 2015, with registration, composition and traceability Regulations. In addition, offences arise financial support from National Trading of cosmetic products. Breaches of the if cosmetic products are placed on the Standards. The removal of products from retail shelves will result in increased use of hideaways, off-site storage and internet distribution One significant area of concern is the presence in cosmetic products of prohibited substances that are not listed in the ingredients. The 2013 Regulations provide for the same penalties for labelling and traceability offences as for compositional ones, and it is worth considering appropriate enforcement action where traders have clear reason to believe products are non-compliant because of the absence of an European Economic Area (EEA) address of a responsible person, and/ or incorrect ingredient terms. In early February 2015, officers from London TSS attended a seminar on skin-lightening cosmetics, hosted by Public Health England and Birmingham City University, with attendees from a wide range of social activist, academic, media and public health backgrounds. It was clear there remains significant demand for products, whether legal or otherwise, and an effective prolonged reduction in the use of illicit skin-lightening cosmetics will require enforcement working as part of a wider cultural change. As a result of the enforcement action being taken, and the work of London Trading Standards (LTS), significant media exposure has been obtained, including: a featured theme on a three-hour drivetime programme on BBC London; a news feature on Londonlive TV; a news report, including undercover footage, on BBC national news; and a debate on BBC Twos Victoria Derbyshire show. In terms of removing products from retail shelves, it is recognised that this will result in increased use of hideaways, off-site storage and internet distribution. Web searches show that products containing 18 per cent hydroquinone continue to be distributed online, alongside mixed packs of steroid and hydroquinone products. However, despite the challenges, it is apparent that strong foundations have been laid for further enforcement activities to take place both in London and the wider UK. References 1. In health and safety cases, criminal proceedings are started by the layingof an information in the magistrates court. The information is normally accompanied by a summons, which is intended to secure the accuseds attendance at court, to answer the allegation(s) made against him/her contained in the information. Source: Health and Safety Executive Credits Cenred Elworthy is a trading standards officer at the London Borough of Barking andDagenham. Images: Kasiutek / Shutterstock To share this page, in the toolbar click on