Eye makeup and mascara have just gotten safer. A law is set to take effect in Minnesota, the first in the nation, banning the use of mercury in cosmetics such as mascara, eye liners or lightening creams; a regulation even more stringent than the Federal government.
According to Minnesota Pollution Control, fines can range anywhere from $700 to $10,000 dollars for retailers or manufacturers who either continue to sell, or fail to disclose, cosmetic products that contain mercury.
According to John Bailey of the Personal Care Products in Washington, "Federal law allows eye products to contain up to 65 parts per million of mercury. The exposure...would not cause a problem". However, Senator John Marty, who sponsored the ban says, "Mercury does cause neurological damage to people even in tiny quantities. Every source of mercury adds it". Because mercury can be inhaled, it is considered a particularly invasive and toxic heavy metal and is most dangerous to the elderly, small children or fetuses.
Although many manufacturers have already stopped using mercury, its use as a preservative and germ-killer can still be found, particularly in products from over-seas, where regulations against the use of mercury are not as regulated as in the US.
Mercury is already banned from use in many other types of consumer goods, such as figurines, jewelry and toys, but according to Stacy Malkan, from the Campaign for Safe Cosmetics, "No other state has specifically gone after mercury in cosmetics". Even though state regulators aren't sure of the number of personal care products containing mercury, the new law is "intended as a warning to cosmetics manufacturers not to use mercury", and goes hand-in-hand with Minnesota's larger enforcement of a ban against mercury in thermostats, medical devices and other similar goods.
Even though the relatively low levels of mercury found in mascara is unlikely to cause immediate health problems, Carl Herbrandson, a toxicologist with the Minnesota Health department notes, "Mercury accumulates in the body, so consumers should avoid exposure whenever possible...it can cause neurological symptoms in adults."
Higher levels of mercury have been found in face creams and lotions, and are more problematic and dangerous to consumers due to the large quantity of product being used on the skin.