Did you know that the products you use daily could contain thousands of untested chemicals?
Different countries approach chemical regulation in products in varying ways, with some adopting stricter policies on which chemicals are allowed or banned. While some countries are taking bold steps to protect their citizens, the United States lags behind in regulating potentially harmful substances. Under the Toxic Substances Control Act (TSCA), the United States lists over 86,000 chemicals, with approximately half of them currently in commerce [1]. Yet only 1% of chemicals in the US have been tested efficiently for human safety. Some chemicals are even exempt from reporting requirements! But there's hope - informed consumers like you have the power to demand change and push for safer alternatives. Let's explore how different nations are tackling this critical issue and what it means for your health and the environment.
A Look At Toxic Chemicals In Your Environment and Their Effects
Toxic chemicals are substances that, through their chemical action on biological processes, can cause death, temporary incapacitation, or permanent harm to humans or animals [2].
Common toxic chemicals in the environment include:
- Asbestos
- Formaldehyde
- Heavy Metals (Lead, Mercury, Arsenic, etc.)
- Per- and polyfluoroalkyl substances (PFAS)
- Pesticides
- Polychlorinated Biphenyls (PCBs)
- Bisphenols
- Phthalates
Toxic chemicals can be found almost everywhere: in your home and its building materials, the food you eat, the products you use, and even in the air you breathe and the water you drink. These chemicals are linked to various health concerns, from respiratory issues to infertility to certain types of cancers [3].
Many of these chemicals are endocrine-disrupting chemicals (EDCs). EDCs have been linked to behavioral disorders and can disrupt growth and development [4]. They can also interfere with metabolic processes, which can cause the development of conditions like diabetes and obesity [5]. They've been associated with reproductive issues, making it harder for some people to have children. In some cases, these chemicals have even been linked to certain types of cancer.
Oftentimes, marginalized populations are at a greater risk of these chemical exposures because they have less regulatory protection. Populations who do not have access to safer products or the ability to advocate for themselves are at greater risk. This can be an environmental justice issue.
Environmental justice is the fair treatment of all people in the development and enforcement of environmental laws, regulations, and policies regardless of income, race, ethnicity, tribal affiliation, national origin, disability, etc. This concept endorses the protection of those disproportionately affected by environmental risks and hazards, and supports the participation of all affected populations in the process of environmental and community protection [6].
Why Are Toxic Chemicals Allowed In Products?
The TSCA gives the right to the EPA to ban regulated chemicals. However, it is not easy for a chemical to get banned in the United States.
Typically, chemicals are allowed to be used until it’s determined that they cause harm. Then, the EPA is able to test the chemical and determine if it should be banned.
This process means that many chemicals that are listed are not actually fully tested before being used by companies.
In recent years, there have been efforts to update and strengthen regulations around chemicals in consumer products, including cosmetics.
The Modernization of Cosmetic Regulation Act (MoCRA) of 2022 is a significant example of this trend, becoming the first major update to cosmetics regulation in the US in 80 years [7].
How Are Chemicals Evaluated for Regulations?
Manufacturers and importers of chemicals are required to report any chemicals that reach a certain production threshold (however, there are multiple exemptions to this rule). The EPA uses a three-stage process to report and evaluate the safety of each chemical [8].
These stages are:
Out of thousands of chemicals used in the United States, the government has only put strict limits on 9 of them in personal care products [9].
Countries with the Most Stringent Chemical Regulations
The TSCA is only applicable in the United States. Other countries have their own regulations to deal with toxic chemicals. Some regulations might be more stringent and have larger banned lists and others are more lax. It is up to individual countries to decide how to regulate different chemicals [10].
European Union
The EU has its own set of regulations for chemicals, which are known as the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). REACH came into effect in 2007 and established a system for all chemical substances. This initiative places the burden on companies to identify the risks linked to the chemical substances they use.
Currently, the EU has 73 unique chemical categories restricted, including commonly known toxic chemicals such as lead, mercury, formaldehyde, etc. However, the EU also includes larger restricted categories, such as substances in tattoo inks and permanent makeup. These substances which are considered “toxic for reproduction” [11].
European Economic Area
Several non-EU countries have relatively strict toxic chemical regulations, particularly those that are part of the European Economic Area (EEA). Regulations in these countries are closely aligned with EU standards.
Here's a summary of the countries with notably strict regulations:
- Norway: As a member of the EEA, Norway has implemented the EU's REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regulation. Norway also has its own Product Register for hazardous chemicals and maintains stringent reporting requirements.
- Switzerland: While not an EU or EEA member, Switzerland has its own chemical regulations that are similar to REACH. The Swiss Chemicals Ordinance (ChemO) governs the registration and control of chemicals.
- Iceland: As an EEA member, Iceland has implemented EU chemical regulations, including REACH, CLP (Classification, Labeling, and Packaging), and other relevant directives.
Japan
Japan's Chemical Substances Control Law (CSCL) was established in 1973 to control polychlorinated biphenyls (PCBs) [12].
It was amended last in 2003 and consists of two main parts:
- Assessing new chemicals
- Regulating chemicals based on their properties [13].
This process is overseen by the Chemical Management Center. In 2023, the CSCL was amended and Japan banned 10 products from import including waterproof fabrics, clothing and carpets due to the chemicals used in these products [14].
China
China passed its own REACH as of 2010 with similar regulations to the EUs REACH. Its official name is Measures on Environmental Administration of New Chemical Substances.” However, many officials call it “China's REACH.”
EU REACH covers both new and existing chemicals, while China REACH focuses exclusively on new chemical substances not listed in the Inventory of Existing Chemical Substances in China (IECSC) [15].
Also, EU REACH is controlled by a single regulation and agency (ECHA). China's chemical management is overseen by the Ministry of Environmental Protection (MEP) of China. This process is more complex, as it involves multiple authorities, laws, regulations, and standards.
Canada
In 1999, the Canadian Environmental Protection Act (CEPA) was established. This act required Canada to catalog all inventory of existing chemicals in what is known as the Domestic Substance List (DSL) [16]. Currently, the DSL contains more than 28,000 substances.
In addition to the DSL, Canada maintains several other lists that categorize chemicals based on different priorities and concerns. These lists help regulators determine which substances require special regulations or considerations.
One such list is the Virtual Elimination List, which currently includes only two chemicals. The Virtual Elimination List represents substances that are considered particularly harmful to human health or the environment.
Chemicals on this list are targeted for phase-out or strict control to minimize their presence in the Canadian environment. The Virtual Elimination List includes two chemicals: hexachlorobutadiene (C4Cl6) and perfluorooctane sulfonate (PFOS) and its salts [17].
United States
The U.S. lags behind in many regulations when it comes to toxic substances and bans far fewer chemicals than other countries like the EU. The last update to the TSCA was in 2016. This amendment put mandatory requirements on the EPA to evaluate chemicals and increase public transparency on information about chemicals.
As of 2024, the EPA has passed multiple rulings to address PFAS as a “forever chemical” and limit their usage, including the first-ever enforceable nationwide drinking water PFAS standards, which will greatly reduce PFAS contamination in drinking water [18].
The United States is also behind many other countries in regulating toxic chemicals in consumer products. As of 2021, over 80 nations had stricter cosmetic safety rules than the U.S. Cosmetic companies are not even required to list all chemical ingredients under the product label [19]. In a study of 17 fragrance products, there was an average of 14 chemical ingredients not listed on the product label [20].
While the United States has significant toxic chemical regulations, it leaves some regulations up to the states, some of which have more stringent regulations than others.
Countries with Lax or Insufficient Chemical Regulations
There are no international standards when it comes to chemical regulation. While many countries are following the lead of the EU by creating various chemical inventories and regulations, they are still behind in completing this.
Many of these countries lack sources to implement regulations and control toxic chemicals, especially from large corporations. Others may have a government structure where this is not a priority.
For instance, Indonesia has no government regulation regarding new chemical substances [21]. This can make it difficult for other countries who want to ban toxic chemicals from being used and prevent them from getting into our environment.
Global Efforts to Reduce Toxic Chemicals in the Environment
There have been multiple attempts to bring together world leaders and come up with environmental solutions, including toxic chemical regulation, such as the Stockholm Convention and the Basel Convention.
However, there is still limited consensus on goals for the future and no penalty for those who do not comply. At the International Conference on Chemical Management in 2023, the United Nations put together a global framework that was agreed upon to set target goals for addressing chemical products and waste [22].
This new framework outlines a comprehensive plan with 5 strategic objectives and 28 targets to guide countries and stakeholders in jointly addressing the lifecycle of chemicals, including [23]:
- Preventing illegal trade of chemicals
- Implementing national legal frameworks
- Phasing out highly hazardous pesticides in agriculture by 2035
- Promoting safer chemical alternatives
- Enhancing transparency about chemical risks
We are in this together, even from across the globe. You can help by advocating locally for more regulations and shoping for products that you know are free from harmful chemicals. Every little bit counts in making change happen!
Which Country Has the Strictest Regulations on Environmental Toxicants?
The EU’s REACH is one of the strictest regulatory bodies over chemicals in the world and has banned over 1,300 cosmetic ingredients and 2,000 chemicals overall.
Many countries are using REACH as an example for their own toxic chemical regulation, including:
- All 27 member states of the European Union
- Norway
- Iceland
- Liechtenstein
- Northern Ireland
It's important to note that while Switzerland is an EFTA member, it doesn’t follow. EU REACH. Also, the UK is developing its own "UK REACH" system after Brexit, separate from EU REACH. However, Northern Ireland still employs the EU Reach, even though it is a member of the UK.
Are the EU Loosening Regulations on Toxic Chemical Regulations?
After leaving the European Union, the UK created its own version of REACH to maintain similar standards to the EU. This system, called UK REACH, was intended to keep the UK's chemical regulations aligned with those of its European neighbors.
However, the implementation of UK REACH has been slower than initially planned [24]. As a result, the UK may be exposed to a wider range of potentially harmful chemicals than its European counterparts.
Some chemicals banned or restricted in the EU might still be allowed in the UK. Also, UK businesses may face challenges when exporting to the EU if their products contain substances restricted under EU REACH only.
This situation has raised concerns among environmental groups and public health advocates, who worry that the UK could become a "dumping ground" for chemicals no longer permitted in the EU. The government faces pressure to speed up the implementation of UK REACH to ensure that British citizens and the environment are protected to the same degree as those in the EU.
Who Regulates Chemicals In Europe?
The European Chemical Agency (ECHA) is responsible for regulating chemical substances in the EU and overseeing REACH. This agency solely focuses on chemicals and is also responsible for overseeing other regulations, including Classifying, Labeling, and Packaging regulation (CLP) [25].
CLP ensures that consumers and workers are presented with the hazards of chemicals through labeling.
Also, there is the Biocidal Products Regulation (BPR). BPR regulates the market for chemical products designed to destroy organisms, such as disinfectants, insect repellants, insecticides, rat killers, etc.
Do Some States In America Have Stricter Regulations on Toxic Chemicals Than Others?
Yes, different American states have varying regulations on toxic chemicals. While the federal TSCA provides a baseline for chemical regulation, many states have enacted their own regulations to address gaps in federal oversight.
For example, as of recent years, 35 states have introduced 496 policies to protect people from toxic chemicals, with 353 state policies adopted in 39 states [26]
States like California, Maine, and Vermont are known for their stringent chemical regulations. These states grant their agencies the authority to prioritize and regulate chemicals of concern.
California's Proposition 65 requires businesses to warn Californians about chemicals that can cause cancer, birth defects, and reproductive harm [27]. These are some of the strictest chemical regulations in the country.
In 2021, states like Alaska, Arizona, California, Colorado, Connecticut, Delaware, and others considered new legislation aimed at enhancing chemical safety.
More than half of U.S. State Attorneys General have taken action against manufacturers of PFAS for environmental contamination and public health impacts. This includes states like South Carolina, Arizona, Illinois, Maine, Maryland, and others.
Who Regulates Most Chemicals In the US?
The EPA regulates chemicals overall and in industrial and commercial settings under regulations like TSCA. The Food and Drug Administration (FDA) regulates chemicals in food and cosmetics under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). These two agencies work together to understand toxic substances and the safety of consumers in the United States.
Chemicals Banned in U.S. vs. Europe
Chemical regulation varies by industry, and some countries are stricter on chemicals in certain products. The EU has banned more than 13,000 ingredients in personal care products. While Canada restricts or prohibits roughly 500 and the United States only bans 11 in cosmetic products.
What Country Has the Most Chemical Waste?
The Land of Opportunity has become a landfill of chemical waste. The country that generates the most chemical waste is the United States.
According to data from the US EPA, nearly 80% of all hazardous waste generated in 2019 came from just five states:
- Texas
- Louisiana
- Mississippi
- Ohio
- Kansas
These findings highlight the significant volume of chemical waste produced in the country, particularly in states with heavy industrial activities [28].
When it comes to hazardous waste produced per person, Kazakhstan produces the most hazardous waste, followed by Bulgaria, Serbia, Kyrgyzstan, and Estonia [29].
How Can Citizens Help with Local Toxic Chemical Regulations
Stay informed about chemicals in your area. Often, town or state websites provide public access to information about local chemical testing.
Engage in community decision-making and vote in local elections, focusing on environmental regulatory issues and candidates who prioritize these concerns, rather than solely on presidential elections. Get involved by communicating with your community and reaching out to your congressional representatives.
You can also make a difference through your purchasing choices. Support companies that avoid toxic chemicals and prioritize consumer and environmental health.
Get tested with Million Marker’s Detect & Detox Test Kit. Discover levels of EDCs in your body and receive a personalized report pinpointing your greatest sources of exposures.
Small actions can lead to significant change. By making more informed purchases in your own home, you set an example and contribute to the positive changes you want to see in the world.
Toxic Chemical Regulations In Countries
The presence of toxic chemicals like PFAS and other endocrine-disrupting substances highlights the need for comprehensive chemical regulation. While progress in places like the EU and Canada offers a hopeful outlook, continued advocacy and regulatory reform are essential. Initiatives such as the Modernization of Cosmetic Regulation Act and new PFAS standards in drinking water represent significant strides, but there remains much work to be done. By maintaining a strong focus on these issues, holding both companies and governments accountable, and supporting the development of safer alternatives, we can reduce exposure to harmful chemicals and safeguard public health and the environment for future generations.
Resources
[1] https://www.epa.gov/newsreleases/epa-releases-first-major-update-chemicals-list-40-years
[2] https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=18-USC-847396133-1416646244
[3] https://publichealth.tulane.edu/blog/environmental-toxins/
[4] https://www.sciencedirect.com/science/article/abs/pii/S0013935118306911
[5] https://www.endocrine.org/topics/edc/what-edcs-are/common-edcs/metabolic
[6] https://www.epa.gov/environmentaljustice
[7] https://www.fda.gov/cosmetics/cosmetics-laws-regulations/modernization-cosmetics-regulation-act-2022-mocra
[8] https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/how-epa-evaluates-safety-existing-chemicals
[9] https://www.businessinsider.com/epa-only-restricts-9-chemicals-2016-2#4-asbestos-4
[10] https://www.chemhat.org/en/worldwide-regulation
[11] https://echa.europa.eu/regulations/reach/understanding-reach
[12] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2711886/
[13] https://www.nite.go.jp/en/chem/kasinn/kasinn_index.html
[14] https://www.cirs-group.com/en/chemicals/japan-strengthens-control-over-hazardous-chemicals
[15] https://www.reach24h.com/en/previous-articles/data-requirements-under-china-reach-and-eu-reach.html
[16] https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry.html
[17] https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/substances-list/virtual-elimination-list/updated-february-4-2009.html
[18] https://www.epa.gov/pfas/key-epa-actions-address-pfas
[19] https://www.ewg.org/news-insights/news/2021/08/protecting-consumers-toxics-cosmetics-us-lags-least-80-countries
[20] https://www.safecosmetics.org/wp-content/uploads/2022/08/Not-So-Sexy-report.pdf
[21] https://www.cirs-group.com/en/chemicals/summary-of-the-latest-management-regulations-and-regulatory-requirements-on-chemicals-in-rcep-countries-2022
[22] https://www.unep.org/news-and-stories/press-release/global-framework-agreed-bonn-sets-targets-address-harm-chemicals-and
[23] https://www.chemicalsframework.org/
[24] https://www.theguardian.com/environment/2023/nov/14/uk-to-loosen-post-brexit-chemical-regulations-further
[25] https://environment.ec.europa.eu/topics/chemicals_en
[26] https://www.saferstates.org/
[27] https://oehha.ca.gov/proposition-65/about-proposition-65
[28] https://rcrapublic.epa.gov/rcra-public-web/action/posts/2
[29] https://ourworldindata.org/grapher/hazardous-waste-generated-per-capita