In today’s Finshots, we tell you why the Central Drugs Standard Control Organisation (CDSCO) wants to ban the manufacture and sale of cosmetics that contain mercury and how, despite existing rules, this toxic metal still sneaks its way into your makeup bag.

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The Story

Back in 2014, the Centre for Science and Environment (CSE) decided to peek into what really goes into our favourite cosmetics. So they tested a bunch of products for heavy metals. And what they found was startling!

Out of 32 fairness creams tested for both men and women, 14 of them or about 44%, contained mercury. And 4 had extremely high levels, way beyond what’s allowed under the Indian law today.

For context, India actually banned the manufacture and import of any cosmetics containing mercury way back in 1978. A small exception for eye-area products was added in 1982 (like eyeliners and mascaras, where mercury acts as a preservative to prevent microbial growth around a sensitive area). Yet, despite all this, CSE still found mercury lurking in nearly half the creams they tested.

More specific limits were only clearly spelled out in 2020 under the Cosmetics Rules. If a product is meant just for use around the eyes, it can have mercury as a preservative, but the level shouldn’t go above 70 parts per million (ppm). For everything else, mercury is banned outright, except for trace amounts that can’t exceed 1 ppm. And even that has to be unintentional.

Sidenote: ppm stands for parts per million — so 1 ppm means 1 part of mercury in a million parts of a product.

Now, 4 out of 32 products containing high levels of mercury might not sound catastrophic, until you hear the brands’ names. We’re talking about biggies like Ponds White Beauty, Lotus Herbals Cocofair Cream, Olay Natural White and Aroma Magic Fair Lotion. The kind of brands you’ve probably seen on TV, endorsed by big Bollywood celebrities.

Fast forward nearly a decade, and it’s actually hard to tell if things have really improved because CSE hasn’t re-tested these same products. But in 2021, another study by Toxics Link tested 15 skin-whitening creams sold in India. A third of them, all imported from Pakistan, still had mercury levels way above safe limits.

The good news though is that none of the Indian made creams in this batch contained mercury. But the not so great news? These were mostly different brands altogether — names like Lotus Herbals White Glow, L’Oréal Paris, VLCC, VCare, Jovees and Himalaya Herbals. So we still don’t really know if those old creams are cleaner now or not, and we probably never will, because mercury doesn’t exactly pop up on a product’s ingredients list.

Which makes you wonder — despite all the rules and bans, how do these creams still find their way into your local beauty store and, eventually, your dressing table?

Well, before we get to that, let’s shine some light on why manufacturers even bother putting mercury in cosmetics and why traders keep importing them.

See, mercury is a weird metal. It behaves like a liquid at room temperature. You’ve probably seen it in those good old thermometers. Once upon a time, it was also used in mirrors and silver fillings in your teeth. Some dentists might still use it today, but the general trend is to phase it out. That’s why modern mirrors are mercury-free, and we mostly use digital thermometers now. The reason is simple. Mercury can be toxic if you get too much of it in your system.

And how much is too much?

Well, that’s where health authorities step in with something called an Acceptable Daily Intake (ADI). It’s basically the maximum amount of a toxin you can be exposed to every day, over a lifetime, without it messing up your health.

But the thing is, we’re already exposed to mercury in other ways like burning coal for electricity, heating or cooking with coal or even eating certain fish. Food standards help keep that in check. To put things in perspective, the FSSAI has set a limit of 0.25 mg/kg for mercury in food products, while the Prevention of Food Adulteration Act caps it at 0.5 ppm in fish and 1 ppm in other foods.

But here’s the catch. Some skin whitening creams alone can make up more than 50% of your safe mercury limit. So if you’re slathering them on every day, you could easily cross that line. And once mercury enters your system, it’s bad news. Inorganic mercury in fairness creams can damage your kidneys, cause rashes, skin discolouration or even permanent scarring. It’s also linked to anxiety, depression and nervous system damage.

Okay… So if it’s so dangerous, why use it at all?

Well, mercury acts as a bleaching agent. It blocks melanin production, making skin look lighter. It’s also used as a preservative in some eye makeup, body lotions and other personal care products. Plus, mercury is cheaper than many safer alternatives. Add to that India’s obsession with fair skin and the massive demand for quick fix whitening products, and you can see why some manufacturers cut corners. Sourcing mercury isn’t rocket science either. You can find chemical suppliers pretty easily, especially in states or regions where checks are weak. So if you’re trying to squeeze out every rupee in profit, using mercury can look pretty tempting.

And it’s not just a local problem. Imported products play a big role too. See, the CDSCO (Central Drugs Standard Control Organisation) doesn’t inspect every single batch of cosmetics coming into India. Brands have to register and self-declare their ingredients and toxicity test results. But that’s about it. After that, samples are only randomly checked or if there are complaints.

And shopkeepers rarely lose sleep over stocking these products because in an industry worth over $20 billion, the penalty for selling unsafe cosmetics is just ₹20,000 or up to a year in jail. And even that’s rarely enforced. So why worry?

Add the boom in e-commerce to the mix, and it’s even easier for shady sellers to deliver banned or unregulated products straight to your doorstep. The Drugs and Cosmetics Act, in its current form, doesn’t even properly cover online cosmetics sales. So there’s a big, convenient loophole for illegal products to slip through.

But now, the Drugs Controller General of India (DCGI) — who heads the CDSCO, wants to crack down on this mess once and for all. He wants to enforce strict limits and finally ban the manufacture, sale and import of any cosmetics containing more than 1 ppm of mercury.

And, if you’re wondering why the urgency now, it’s because of something we didn’t tell you earlier. 

India signed an international treaty called the Minamata Convention on Mercury back in 2017. It’s meant to protect human health and the environment from human-caused mercury emissions and releases. And under the agreement, countries had until the end of 2020 to ban these products. But India asked for a five-year extension till 2025.

And well… we’re already halfway through 2025, and things still aren’t quite on track.

And repeating the same old rules and bans may not fix the problem this time either.

So what could actually work?

For starters, we could do with better monitoring. Since authorities already know that contaminated products often come from neighbours like Pakistan, Bangladesh and China, why not test them more often?

They could also strengthen agencies, run regular checks and seize products that break the rules. An alert system like the EU’s RAPEX (Rapid Exchange of Information System) could help too. It flags products that exceed safe limits, from toys to cosmetics, so that dodgy goods don’t end up in people’s homes.

And finally, India’s Drugs and Cosmetics Act desperately needs an upgrade. In an age where online shopping is just a click away, having no clear rules for online sales is a massive loophole. It’s high time we plugged it.

Until that happens, phasing out mercury from our daily skincare might remain wishful thinking. The toxic stuff might keep slipping through, but at least now, you know where to look and what not to fall for.

Until then…

If this story helped you spot the hidden toxins in your vanity kit, why not share it on WhatsApp, LinkedIn or X and help a friend rethink what’s really in their makeup bag?

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