eBay_Letter_15_November_Final

Public Action Letter to eBay

November 15, 2018

Mr. Devin Newig, President and CEO

eBay Headquarters

2025 Hamilton Ave.

San Jose, California 95125

RE: NGO Platform on Toxic Trade in Illegal Mercury-Laden

Cosmetics via the Internet

Dear Mr. Newig:

We, the undersigned 51 advocacy organizations, call on eBay to stop marketing

illegal mercury-laden cosmetics on the eBay.com website. Furthermore, we

strongly urge eBay to police its website to ensure that cosmetics found to have

mercury levels over 1 part per million (ppm) are no longer offered by eBay for

sale worldwide.

Mercury in skin creams are known to many local, state, federal, and

international agencies as toxic and a risk to human health. Regular application

of creams containing mercury can lead to rashes, skin discoloration, and

blotching, while long-term exposure to high levels of mercury in cosmetic

products can cause serious health consequences, including damage to the

skin, eyes, lungs, kidneys, digestive, immune, and nervous systems.

The Mercury Policy Project, Sierra Club and the European Environmental

Bureau recently purchased skin lightening creams offered for sale on the eBay

website that have been found by one or more regulatory agencies to have

mercury levels over 1 part per million. We detected illegal mercury levels in 6

creams purchased from eBay. These include Goree Beauty Cream and

Sillman’s Skin Bleach Cream, among others found on government detention

lists around the globe (see Table 1 for test results.)

The above products are listed in violation of the regulations by the European

Commission RAPEX.

! Cosmetic products are subject to the European

Cosmetics Regulation: They shall not harm human health when used under

"normal or reasonably foreseeable conditions." Hazardous cosmetic products

are reported by the EU Member States to the EU Commission and are listed in

the database of the European Rapid Alert System RAPEX. According to RAPEX,

the product listed “…pose a chemical risk because it contains a mercury

compound as a skin-lightening substance. The product(s) does not comply

with the Cosmetics Directive 76/768/EEC.”

Several of these products were tested earlier by government agencies and

targeted for regulatory action.

These include the governments of New York

City, the Republic of the Philippines and Singapore, who have made similar

determinations, along with several U.S. states. In addition, the Minamata

Convention on Mercury entered into force in August 2017 and bans the

manufacture, import, or export of cosmetics after 2020 with mercury content

above 1 ppm.

In 2018 we purchased skin lightening products from eBay, and sent them to

Enthalpy Analytical Laboratory in Berkeley, California. The mercury levels

found in six products ranged from 1 to 20,000 ppm. Such levels of mercury

and failure to disclose the presence of mercury make these products and

others eligible to be classified under the federal U.S. Food, Drug and Cosmetic

Act as “adulterated” and “misbranded” and therefore illegal.

Since 1973, the U.S. Food and Drug Administration (FDA) has warned against

using cosmetics containing over 1 ppm mercury and has detailed the risks:

It is well known that mercury compounds are readily

absorbed through the unbroken skin as well as

through the lungs by inhalation and by intestinal

absorption after ingestion. Mercury is absorbed from

topical application and is accumulated in the body,

giving rise to numerous adverse effects…Cosmetic

preparations containing mercury compounds are often

applied with regularity and frequency for prolonged

periods. Such chronic use of mercury-containing skin-

bleach preparations has resulted in the accumulation

of mercury in the body and the occurrence of severe

reactions.

The danger isn’t just to people who use mercury-containing products but also

to their families, says Arthur Simone, M.D., a senior medical advisor at FDA.

“Your family might breathe mercury vapors released from these products. Your

children might touch washcloths or towels that are contaminated with

mercury. It could be as simple as touching someone’s cheek or face,” Simone

says.

The severe toxic effects of mercury on reproductive health are well known:

Mercury’s harmful effects that may be passed on from

mother to the fetus include brain damage, mental

retardation, incoordination, blindness, seizures, and

inability to speak. Children poisoned by mercury may

develop problems [with] their nervous and digestive

systems, and kidney damage…Mercury has an effect

on the fetal nervous system at levels far below that

considered toxic in adults, and background [levels] of

mercury in mothers correlate significantly with

incidence of birth defects and still births…

In addition, FDA warns consumers that cosmetics with high mercury levels are

still being sold. In a statement, the FDA says, “The products are usually

marketed as skin lighteners and anti-aging treatments that remove age spots,

freckles, blemishes, and wrinkles. Adolescents may use these products as acne

treatments.”

The FDA also notes that marketers of these products often target

Asian, African, Latino, and Middle Eastern consumers.

Therefore, we call on eBay to:

(1) monitor government notifications and regulations

worldwide and apply its restricted products policy to

the listing of cosmetics found by regulatory agencies to

be over 1 ppm mercury and pledge to update their

restricted products list on a regular basis; and

(2) add skin lightening cream products to a list of

categories requiring approval before sale and require

that sellers provide documentation verifying that the

products do not contain mercury and that the

products are otherwise compliant with all applicable

regulations.

We look forward to working with you to ensure these dangerous products are

removed from your website.

Sincerely,

Lissett van Vliet

Breast Cancer Prevention Partners

San Francisco, CA

Jane Williams

California Communities Against

Toxics

Rosamond, CA

Janet Nudelman

Campaign for Safe Cosmetics

San Francisco, CA

Caroline Cox

Center for Environmental Health

Oakland, CA

Robert Kennedy, Jr.

Children’s Health Defense

Peachtree City, GA

Lynn Thorp

Clean Water Action

Washington, DC

Amber Meyer Smith

Clean Wisconsin

Madison, WI

Mark A. Mitchell

Commission on Environmental

Health

National Medical Association

Hartford, CT

Sharon E. Lewis

Connecticut Coalition for

Environmental Justice

Hartford, CT

Rebecca Meuninck

Ecology Center

Ann Arbor, MI

Scott Faber

Environmental Working Group

Washington, DC

Charlotte Brody

Healthy Babies Bright Futures

Charlottesville, VA

Michael Bender

Mercury Policy Project

Montpelier, VT

Winnie Ye

National Institute for Reproductive

Health

New York City, NY

Pam Nixon

People Concerned for Chemical

Safety

Charleston, WV

Sonya Lunder,

Sierra Club - Gender, Equity &

Environment Program

Washington, DC

Amira Adawe

The Beautywell Project

Saint Paul, MN

Robin Schneider

Texas Campaign for the

Environment & TCE Fund

Austin TX

Lubna Ahmed

WE ACT for Environmental Justice

New York City, NY

Jamie McConnell

Women’s Voices for the Earth

Missoula, Montana

Marissa Chan

Black Women for Wellness

Los Angeles, CA

International Supporters

Nsama Musonda Kearns

World Wide Care for Nature

Mansa, Luapula Province, Zambia

Nimpamya Enock

Action Coalition on Climate Change

Kampala, Uganda

Dominique Bally KPOKRO,

African Center for Environmental

Health

Abidjan, Côte d'Ivoire

Haji Rehani

AGENDA for Environment &

Responsible Development

Dar es Salaam, Tanzania

Dr Najoua Bouraoui

Apeddub Bizerte

Tunisia

Dr. Elena Manvelyan

Armenian Women for Health and

Healthy Environment (AWHHE)

Yerevan, Armenia

Hassan Sohn

APROMAC Environment Protection

Association

Cianorte, State of Parana, Brazil

Jeffer Castelo Branco

Association to Combat Pollution

Santos - SP – Brasil

Krishna Zaki,

BaliFokus/Nexus3 Foundation

Bali, Indonesia

Atty. Richard Gutierrez and

Reynaldo San Juan, Jr.

BAN Toxics, Inc.

Quezon City, Philippines

Michael Musenga

Children's Environmental Health

Foundation

Livingstone, Zambia

Ram Charitra Sah

CEPHED

Kathmandu, Nepal

Lien To

Center for Creative Initiatives in

Health and Population (CCHIP)

Hanoi, Vietnam

Penchom Sae Tang

Ecological Alert and Recovery –

Thailand (EARTH)

Bangkok, Thailand

Siddika Sultana

Environment and Social

Development Organization (ESDO)

Dhaka, Bangladesh

Elena Lymberidi-Settimo

European Environmental Bureau

Belgium, Brussels

Solomon Kusi Ampofo

Friends of the Nation

Sekondi-Takoradi, Ghana

Rico Euripidou

groundWork - Friends of the Earth

South Africa

Pietermaritzburg, South Africa

Dr. Naji Kodeih

IndyACT- Lebano

InnoDev - Lebanon

Beirut, Lebanon

Napoleon Frank

Lawyers Environmental Action Team

(LEAT)

Dar es salaam, Tanzania

Dillip Pattanaik

Executive Director, OSVSWA

National Coordinator, National

Alliance for Mercury Free Dentistry

Bhubaneswar, Odisha, India

Kamese N. Geoffrey

National Association of Professional

Environmentalists (NAPE)

Kampala, Uganda

Hemsing Hurrynag

Pesticide Action Network of

Mauritius

Twebaze Paul

Pro-biodiversity Conservationists in

Uganda (PROBICOU)

Mailes Zulu Muke

SEPA ZAMBIA

Zambezi North, Western Province,

Zambia

Lars Hylander,

SLU, Swedish University of

Agricultural Sciences

Uppsala, Sweden

Leslie Adogame

SRADev Nigeria

Lagos, Nigeria

Ann-Marie Lidmark

Tandvårdsskadeförbundet

Stockholm, Sweden

Andreas Prevodnik

Swedish Society Nature

Conservation

Stockholm, Sweden!

Zuleica Nycz

TOXISPHERA Environmental Health

Association

Curitiba, State of Parana, Brazil

Charles Brown

World Alliance for Mercury-Free

Dentistry

Washington, DC US

Table 1 – Mercury-based skin lighteners purchased from eBay, 2018

Product

Name

Levels

(ppm)

Origin

Product

Photo

Similar product

remains for sale in

November 2018*

Goree Beauty

Cream

20,000

Sri Lanka Seller

https://www.ebay.co

m/itm/GOREE-

BEAUTY-CREAM-

WHITENING-ANTI-

AGEING-SPOTS-

PIMPLES-REMOVING-

ORIGINAL-

100/172215851250

Kim

Whitening

Pearl & Snow

Lotus Cream

Thailand

https://www.ebay.co

m/itm/5-x-20g-KIM-

WHITENING-PEARL-

SNOW-LOTUS-

CREAM-Anti-

Wrinkles-Pimple-Spot-

Track/292371490616

Stillman’s

Skin Bleach

Cream

20,000

Vietnam Seller

https://www.ebay.co

m/itm/STILLMANS-

CREAM-

ORIGINAL/19269973

4625?hash=item2cddc

c9a61:g:ZOAAAOSwm

7RZn4Kj:rk:9:pf:0

Chandni

Whitening

Cream

16,000

Made in

Pakistan, Sri

Lanka Seller

https://www.ebay.co

m/itm/Chandni-

Whitening-Cream-

100-Genuine-from-

LAHORE-PAKISTAN-

100-

Original/3921211248

Goree Day

and Night

Whitening

Cream

15,000

Sri Lanka Seller,

Also listed US

Seller

https://www.ebay.co

m/itm/Goree-Day-

and-Night-Cream-30g-

Whitening-Beauty-

Cream-FREE-SHIP-

US-

SELLER/1528177942

Face Fresh

11,000

Made in China,

sold by UK seller

https://www.ebay.co

m/itm/Face-fresh-

beauty-cream-100-

original-From-

Pakistan/2327651509

* URLs are for products with the same name and packaging photo listed for

sale on eBay on November 12

, 2018.

Mercury content analyzed by Enthalpy Analytical Laboratories (Berkeley,

California) using Cold Vapor Atomic Absorption Spectroscopy.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

References:

Agency for Toxic Substances and Disease Registry, Public Health Statement

for Mercury (March 1999)

http://www.atsdr.cdc.gov/PHS/PHS.asp?id=112&tid=24

The European Commission Rapid Alert System for dangerous non-food

products; RAPEX

https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/al

erts/?event=main.weeklyReport.Print&web_report_id=922&Category=Cosmetics

https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/al

erts/?event=main.weeklyOverview&web_report_id=517&Year=&Category=Cosm

etics

According to Directive76/768/EEU (and its amendments 2000/6/EU and

2000/11/EC) relating to cosmetic products, mercury and its compounds may

not be present as ingredients in cosmetics, including soaps, lotions, shampoos,

skin bleaching products, etc. (except for phenyl mercuric salts as a preservative

in eye make-up, and in products for removal of eye make-up, in concentrations

not exceeding 0.007 percent by weight) that are marketed within the European

Community.

Mercury in cosmetics is also covered through legislation relevant to Trade of

Dangerous Chemicals. The production (e.g. for export) in the EU of mercury

containing cosmetics was also banned in 2003 under Annex 5 of the EU

Regulation 689/2008 implementing the Rotterdam Convention.

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New York State https://www1.nyc.gov/site/doh/about/press/pr2018/pr025-

18.page;

Euoprean RAPEX

https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/al

erts/?event=viewProduct&reference=A12/0058/13;

FDA Advisory No. 2017-289, Public Health Warning Against the Use of

Unnotified Cosmetic Products Found to Contain Toxic Mercury (Hg) Levels

(Batch 2) https://ww2.fda.gov.ph/index.php/advisories-2/cosmetic-

2/472052-fda-advisory-no-2017-289;

Singapore Government

https://www.hsa.gov.sg/content/hsa/en/News_Events/Press_Releases/2018/

18cosmeticproducts.html

Minimata Convention

http://www.mercuryconvention.org/Convention/Text/tabid/3426/language/e

n-US/Default.aspx

21 U.S.C. § 361-62; 21 U.S.CC.F.R. §§ 700.13(d)(1), 701.2, 701.3.

21 C.F.R. § 700.13(b).

Food and Drug Administration (FDA), Mercury Products Linked to Skin

Products (July 16, 2016)

https://www.fda.gov/ForConsumers/ConsumerUpdates/ucm294849.htm

Consumer Cause, Inc. v Smilecare, 91 Cal. App. 4

454, 461 (2001) (internal

citation omitted).

FDA, Mercury Poisoning Linked to Skin Products (July 26, 2016).

https://www.fda.gov/ForConsumers/ConsumerUpdates/ucm294849.htm