FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION §

HOUSE OF REPRESENTATIVES

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

House Bill No._ 3908
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 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 still 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.


Recently, 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 still 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 is earnestly
requested

RUFUS B. RO! jUEZ

MAXIMO®, RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

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

House Bill No._3908

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 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 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;

c. “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 ugar provisions of this Act
shall be penalized with imprisonment of at least 5 but not more than
(#2) years and a fin at least Gree Thousand Pesos
(P'190,000) but not more than FY Hundred Thousand Pesos (P&00,000). 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 Act is 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,