Groupe Marcelle inc. was fined $500,000 for violating the Canadian Environmental Protection Act, 1999

March 19, 2024 – Montréal, Quebec – Environment and Climate Change Canada

On March 19, 2024, Groupe Marcelle inc. was ordered by the Court of Québec, at the Montréal Courthouse, to pay a fine of $500,000. The company pleaded guilty to one count of violating the Canadian Environmental Protection Act, 1999. The fine will be paid to the Government of Canada’s Environmental Damages Fund.

Between April 15, 2021 and May 18, 2022, Environment and Climate Change Canada enforcement officers conducted various audits and an inspection at the premises of Groupe Marcelle inc., a cosmetics company in Dorval, Quebec. They were able to identify the marketing of cosmetic products (Lise Watier, Marcelle and Annabelle brand eye and lip pencils) containing Perfluorononyl Dimethicone.

In this case, the marketing of cosmetic products containing Perfluorononyl Dimethicone is considered a new activity under the Canadian Environmental Protection Act, 1999. The Act requires a person or company to provide certain information to the government when Perfluorononyl Dimethicone is used in a new activity that may pose a risk to the environment.

By using Perfluorononyl Dimethicone in cosmetic products, without having previously provided the government with the required regulatory information, Groupe Marcelle inc. has committed an offence under subsection 81(4) of the Canadian Environmental Protection Act, 1999. The products concerned have been withdrawn from the distribution chain.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry. The Registry contains information on convictions of companies for violations of federal environmental laws.

Quick facts

• The cosmetic ingredient Perfluorononyl Dimethicone (whose commonly associated Chemical Abstracts Service number is 882878-48-0) is a silicone polymer that is used in cosmetic products to increase the hold, durability, spreadability, and water or oil resistance of cosmetics applied to the skin. It is one of the perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of thousands of synthetic substances.
• PFASs can be present, in various concentrations, in a wide range of products, but there are still gaps in our knowledge of the PFASs used in various products.
• A draft version of the Per- and Polyfluoroalkyl Substances (PFAS) Report was published in May 2023. The Government of Canada is working to ensure that the final version of the report is completed as quickly as possible, in order to continue protecting human health and the environment in Canada.

• Environment and Climate Change Canada works with Health Canada to ensure that all cosmetics sold in Canada are safe for the environment and human health and meet the requirements of the Canadian Environmental Protection Act, 1999, the Food and Drugs Act, and the Cosmetic Regulations.

• Created in 1995, the Environmental Damages Fund is a Government of Canada program administered by Environment and Climate Change Canada. The Fund allocates funds from fines, penalties, court rulings, and voluntary payments to projects aimed at repairing environmental damage or protecting the environment. It aims to invest these sums in the regions where environmental damage has occurred.

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