EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

EXPLANATORY NOTE

Many Filipinos will spare no expense to have whiter skin. This is why store shelves
are flooded with whitening products ranging from soaps to creams and to powders

In a report made by Carmela G. Lapena, published in GMANews. TV website, it was
said that the Pino¥ culture's standards of beauty favor lighter skin. it's the mestiza madness
that was purportedly ingrained into our consciousness since Spain colonized us They had
more than three centuries to make us ail believe that whiter is better. Over a hundred years
since the Spaniards left our shores, but now under the spell of American commercialism
since then, many Filipinos are still obsessed with having whiter skin.

A market research company, Synovate, conducted a stucly that revealed that “two out
of five women in Hong Kong, Korea, Malaysia, Philippines and Taiwan feel they are more
attractive with fair complexions.” The study also highlighted the fact that the Philippines had
the highest usage among the countries included in the survey, with one out of two women
saying they use skin whitening products

With this high demand for skin whitening products, many different companies
produce skin whiteners to be sold to the public. However, not all of these products work and
are tested by the Food and Drug Administration (FDA). Unfortunately, cosmetics testing is
not the FDA's priority at the moment. They have placed cosmetics tests on the backburner
and are focusing on food and milk testing

Data from the FDA showed that some 28 skin lightening products were recalled from
January to September 2010 due to their high mercury content. Two of the recently recalled
skin whitening products were found to have 1,090 and 3,000 parts per million (ppm) of
mercury, way beyond the FDA's “allowable threshold’ of 1 ppm. However. this threshold of 1
ppm is stil not good for the consumers because studies have shown that overexposure to
the chemical can lead to mercury poisoning which causes skin discoloration and other
problems, It can also affect sensory functions and vital organs, depending on the amount of
exposure to mercury. The use of mercury in cosmetics is illegal in the United States and
Europe. Therefore, the FDA should aiso revise the mercury limit in cosmetics from 4 parts
per million to zero

Just in January 2019, Environment group EcoWaste Coalition stated that local
government units (LGUs) in cities in Mindanao should take action against the selling of
cosmetics which were found to have traces of extremely toxic mercury in view of the fact that
many skin whitening products sold in Cagayan de Oro, Oroquieta, Ozamiz, lligan, Dipolog
Pagadian, and Zamboanga are found to have mercury and were already banned by the
FDA. ina statement made last June 2019, EcoWaste Coalition said that out of 93 samples
Screened early in June, they found 75 to be contaminated with mercury way beyond the 1
Parts per million (ppm) limit set by the Association of South East Asian Nations (ASEAN)
Cosmetic Directive and the Minamata Convention on Mercury

In view of the foregoing, immediate approval of this bill is earnestly requested

YD
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RUFUG B-RODRIG:


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 3750

AN ACT
BANNING THE USE OF MERCURY AND OTHER TOXIC CHEMINCALS IN SKIN
WHITENING PRODUCTS, COSMETICS AND OTHER PERSONAL CARE PRODUCTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembied.

SECTION 1. Declaration of Policy. — It is the policy of the State to protect and promote the
Tight to health of the peopie and instill health consciousness among them

SEC. 2. Definition of terms. —

a. “Skin Whitening Products” are products used fo whiten and/or lighten the tone of the
skin and includes soaps, creams, lotions and other similar products:

b. “Cosmetics” are substances used to enhance the appearance or odor of the human
body. it shall include skin-care creams, lotions, powders. perfumes. lipsticks
fingernail and toe nail polish, eye and facial makeup, permanent waves, colored
contact lenses, hair colors, hair sprays, gels and other similar products:

¢. “Personal Care Products’ are consumer products used for beautification and in
personal hygiene. It shall include toiletries like soaps, shampoos, conditioners, and
other similar products

‘SEC. 3. The use of mercury in skin whitening products, cosmetics and other personal care
products is hereby declared illegal.

SEC. 4. Companies, corporations or other producers of cosmetics and personal care
Products are hereby mandated to remove toxic chemicals and substances known as
Probable human carcinogens, reproductive toxins, and endocrine disruptors from their
products

SEC. 5. Companies, corporations or other producers of cosmetics and personal care
products are hereby mandated to disclose all chemical ingredients in their products.

SEC. 6. The marketing of products containing mercury and other toxic chemicals is hereby
prohibited

SEC. 7. Penal Provision. - Any person who shall violate the provisions of this Act shall be
Penalized with imprisonment of at least six (6) years but not more than tweive (12) years and
a fine of at least One Hundred Thousand Pesos (P100,000) but not more than Five Hundred
Thousand Pesos (P500,000). If the violator is a corporation or association, the president and
the manager/s of said corporation or association, or its agent or representative in the
Philippines. in the case of a foreign corporation or association. shall be heid liable


SEC. 8. Implementing Rules and Regulations. — The Department of Health and the
Department of Trade and Industry shall promulgate the rules and reaulations necessary for
the implantation of this Act within sixty (60) days after its approval

SEC. 9. Separability Clause. - if any provision or part hereof, is held invalid or
unconstitutional. the remainder of the law or the provisions not otherwise affected shall
remain valid and subsisting

SEC. 10. Repealing Clause. ~ Any law, presidential decree or issuance, executive order,
{etter of instruction, administrative order. rule or regulation contrary to or inconsistent with the
Provisions of the Act is hereby repealed, modified, or amended accordingly.

SEC. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication
inat least two (2) newspapers of general circulation.

Approved