On March 5, 2025 the Canadian government took a significant step to address the risks posed by per- and polyfluoroalkyl substances (PFAS), often referred to as "forever chemicals". These substances, widely used for their waterproofing, oil resistance, and non-stick properties, are found in everyday products such as clothing, electronics, food packaging, and cosmetics. However, PFAS are highly persistent in the environment and harmful to both human health and wildlife.

PFAS Deemed Toxic under CEPA in New Government Report

Environment and Climate Change Canada has published the "State of Per- and Polyfluoroalkyl Substances (PFAS) Report," which concludes that PFAS, excluding fluoropolymers, are toxic under the Canadian Environmental Protection Act, 1999 (CEPA). Exposure to PFAS can adversely affect multiple organs and systems, including the liver, kidneys, thyroid, immune system, and more. In the environment, these substances can accumulate in living organisms and remain for long periods of time.

Phased Approach Will Target Key PFAS Starting in 2025

To mitigate these risks, the government plans to add PFAS (excluding fluoropolymers) to Part 2 of Schedule 1 of CEPA. A phased approach will be implemented from 2025:

1. Phase 1 will target PFAS in firefighting foams to protect firefighters and the environment.

2. Phase 2 will focus on limiting PFAS exposure in non-essential products such as cosmetics, food packaging, and textiles.

Additionally, from 2025, facilities that manufacture, import or use PFAS will be required to report their use to the National Pollutant Release Inventory (NPRI). This initiative aims to enhance the understanding of PFAS use in Canada and support efforts to reduce exposure to these harmful substances.

The government is seeking public comment on the proposed measures until May 7, 2025.

In March 2025, Health Canada updated its "Notification of Cosmetics: Guide for Cosmetic Notifications" to introduce new notification and labelling requirements that will apply in 2025 and 2026.

The Guide provides comprehensive instructions for manufacturers and importers on how to notify Health Canada about cosmetic products sold in Canada, as mandated by the Food and Drugs Act and the Cosmetic Regulations.

Notification Requirement

Under to Section 30 of the Cosmetic Regulations, manufacturers and importers must notify Health Canada within 10 days of the first sale.

Health Canada always asks for the following information for cosmetic product notifications:

• The manufacturer

• The importer

• The person who formulated, manufactured, or processed the cosmetic on behalf of the manufacturer or importer.

New Requirements Introduced

Key updates to the Cosmetic Notification Form (CNF) include:

• As of March 5, 2025, the form mandates a Canadian address for the manufacturer or importer in section 4.

• Starting April 12, 2026, fragrance allergens must be listed on the label and CNF if they are present in concentrations exceeding 0.01% in rinse-off products and 0.001% in leave-on products.

These changes are intended to improve consumer protection and bring Canadian requirements closer to international standards.