SIXTEENTH CONGRESS ) ECE
REPUBLIC OF THE PHILIPPINES ) ‘TT HAY
First Regular Session ) 0.4 MAR

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No, 4056 7 =

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 Carmeta G, Lapena, published in GMANews.TV website, it
was said that the Pinoy 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 all 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 stil obsessed with having whiter
skin

‘A market research company, Synovate, conducted a study 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 1,000 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 also revise the
mercury limit in cosmetics from 1 parts per million to zero

in view of the foregoing, immediate approval of this bill s eamestly requested

aN

BD, %



SIXTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

4056

House Bill No.

ANACT
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 assembled!

SECTION 1. Declaration of Policy, — It is the policy of the State to protect and promote
‘the right to health of the people and instill health consciousness among them

SEC. 2. Definition of terms. -

a, “Skin Whitening Products” are products used to whiten andior 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 twelve (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 held liable.

SEC. 8. Implementing Rules and Regulations. - The Department of Health and the
Department of Trade and Industry shall promulgate the rules and regulations 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,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of the Actis hereby repealed, modified, or amended accordingly.

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

Approved,