Microbeads: Are They Still Legal In The Us?

are plastic microbeads banned in the us

Plastic microbeads are small plastic pieces less than five millimeters long, which are used in health and beauty products. They are known to cause plastic particle water pollution and pose an environmental hazard for aquatic animals in freshwater and ocean water. In 2015, the United States banned plastic microbeads in rinse-off cosmetics through the Microbead-Free Waters Act. This federal legislation was spurred by a growing movement of local, city, and state laws banning products with microbeads, as well as increasing support from various industries, scientists, and environmental groups. While the United States was the first country to ban microbeads, several other countries have since followed suit. However, loopholes in the US law have been identified, and companies have been found to still be using microbeads in their products.

Characteristics Values
What are microbeads? Small, manufactured plastic beads used in health and beauty products.
What is the size of microbeads? Microbeads are typically less than one millimeter in their largest dimension when they are first created.
What are they made of? Polyethylene, polypropylene, polystyrene, polyethylene terephthalate (PET), nylon, and polymethyl methacrylate (PMMA).
What products contain microbeads? Exfoliating personal care products, toothpastes, biomedical and health-science research, and non-prescription drugs.
Why are microbeads banned? They cause plastic particle water pollution and pose an environmental hazard for aquatic animals in freshwater and ocean water.
What is the Microbead-Free Waters Act (MFWA) of 2015? A federal law in the US that bans plastic microbeads in rinse-off cosmetics.
When did the MFWA come into effect? Companies were prohibited from manufacturing products with microbeads from July 2017.
When were sales of products with microbeads banned? July 2018.
Which states in the US had bans on microbeads before the federal law? California, New York, Illinois, and Erie County.
Which other countries have banned microbeads? Canada, France, New Zealand, Sweden, Taiwan, the United Kingdom, Italy, and South Africa.

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The Microbead-Free Waters Act of 2015

On December 28, 2015, President Barack Obama signed the Microbead-Free Waters Act into law, banning plastic microbeads in the United States. The Act prohibits the manufacturing, packaging, and distribution of rinse-off cosmetics containing plastic microbeads. This includes products that are both cosmetics and non-prescription or over-the-counter (OTC) drugs, such as anti-cavity (fluoride) toothpastes, acne scrubs, anti-bacterial soaps, and anti-dandruff shampoos.

The Microbead-Free Waters Act defines plastic microbeads as "any solid plastic particle that is less than five millimeters in size and is intended to be used to exfoliate or cleanse the human body or any part thereof." These tiny plastic beads are commonly used in rinse-off cosmetics and cosmetic-drug products for exfoliating or cleansing purposes. They are often found in products such as soap, body scrubs, and toothpaste.

The Act was passed in response to growing concerns about microbead pollution in the nation's waterways, particularly in the Great Lakes and other marine environments. Microbeads are too small to be effectively filtered out by wastewater treatment systems, allowing them to easily pass through and accumulate in rivers, lakes, and oceans. This poses a significant threat to aquatic life, as the small plastic beads can be mistaken for food by fish and other wildlife.

The movement towards banning plastic microbeads was led by states such as California, New York, and Illinois, which enacted strict statewide and local county bans. The recognition of the environmental harm caused by plastic microbeads also spurred manufacturers and industry stakeholders to voluntarily phase out the use of microbeads in their products. The Microbead-Free Waters Act provided a nationwide approach to addressing the issue and preventing further contamination of the nation's waterways.

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The US was the first country to ban microbeads

The United States was the first country to ban microbeads. On December 28, 2015, President Obama signed the Microbead-Free Waters Act into law, which banned plastic microbeads in cosmetic consumer products. The Act defined plastic microbeads as "any solid plastic particle that is less than five millimeters in size and is intended to be used to exfoliate or cleanse the human body or any part thereof." This definition included microbeads in products like exfoliating face washes and toothpastes.

The movement to ban microbeads in the US was led by various business groups, scientists, environmental groups, and industries such as fishing, culinary, tourism, and even cosmetics. Several cosmetics companies had already voluntarily chosen to stop using microbeads in their products. On March 4, 2015, Representative Frank Pallone (D-New Jersey) introduced the microbead ban to the House, and on May 21, 2015, a bill was introduced in the Senate by Senator Kirsten E. Gillibrand (D-New York). The bill passed with unanimous consent from both Democratic and Republican parties on December 18, 2015.

The Microbead-Free Waters Act of 2015 phased out microbeads in rinse-off cosmetics by July 2017. Stores were prohibited from selling beauty products containing microbeads as of July 2018, and microbeads in holistic/natural health products and non-prescription drugs were banned in 2019. The Act also applies to products that are both cosmetics and non-prescription drugs, such as toothpastes.

The US ban on microbeads has had a global impact. More than 60 plastics associations in 34 countries signed the International Declaration of the Global Plastics Associations for Solutions on Marine Litter, committing to engage with stakeholders to reduce marine litter. Several other countries have followed the US in banning microbeads, including Canada, France, New Zealand, Sweden, Taiwan, the United Kingdom, and Italy.

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Plastic microbeads are less than five millimetres in size

Plastic microbeads are small, solid, manufactured plastic particles that are less than five millimetres in size. They are most frequently made of polyethylene but can also be made from other petrochemical plastics such as polypropylene and polystyrene. They are used in a variety of products, including exfoliating personal care products, toothpastes, biomedical and health-science research, and cleaning products.

Due to their small size, plastic microbeads easily pass through water filtration systems and end up in oceans, rivers, and lakes, contributing to plastic water pollution. They can absorb and concentrate pollutants like pesticides and polycyclic hydrocarbons, which can be harmful to aquatic life and the environment. Additionally, they can be ingested by a variety of wildlife, from insect larvae to birds and larger mammals, introducing the potential for toxicity and transferring harmful chemicals to other species higher in the food chain.

In recognition of the environmental and ecological risks posed by plastic microbeads, the Microbead-Free Waters Act of 2015 was signed into law by President Obama on December 28, 2015. This legislation banned the manufacture and sale of rinse-off cosmetics containing plastic microbeads, with a deadline of July 2017 for manufacturers and July 2018 for retailers. The law defined plastic microbeads as "any solid plastic particle that is less than five millimetres in size and is intended to be used to exfoliate or cleanse the human body or any part thereof."

The movement towards banning plastic microbeads in the United States was influenced by similar efforts in other countries, including Canada, Europe, and the International Declaration of the Global Plastics Associations for Solutions on Marine Litter, which was signed by more than 60 plastics associations in 34 countries.

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Microbeads are added to cosmetics as an exfoliating agent

Microbeads are solid plastic particles with a largest dimension of less than one millimeter. They are typically made of polyethylene, but can also be made of other petrochemical plastics such as polypropylene and polystyrene. These plastics are added to health and beauty products, such as cleansers and toothpastes, as exfoliants. The small size of the microbeads makes them ideal for exfoliation as they are rough enough to remove dead skin cells but smooth enough to not damage healthy skin.

The use of microbeads in cosmetics has been a growing environmental concern as they contribute to plastic pollution in waterways. When products containing microbeads are rinsed off, the microbeads are washed down the drain and pass through sewage treatment plants unfiltered, eventually making their way into natural bodies of water. This has led to calls for a ban on microbeads in cosmetics to reduce plastic pollution and protect marine life.

In response to these concerns, the Microbead-Free Waters Act of 2015 was signed into law in the United States, prohibiting the manufacture and sale of rinse-off cosmetics containing intentionally-added plastic microbeads by July 2017. This federal legislation was necessary to address the contamination of the nation's waterways and provide a consistent standard for manufacturers and distributors. Many companies had already begun to phase out microbeads from their products, and natural alternatives to microbeads are available, such as ground-up almonds, oatmeal, sea salt, and coconut husks.

The movement to ban microbeads in cosmetics has gained international support, with at least 81 NGOs from 35 countries advocating for bans and contributing scientific research on marine pollution. This has led to legislation in several other countries, including Canada, France, New Zealand, Sweden, Taiwan, and the United Kingdom, to ban microbeads from rinse-off cosmetics. The push to ban microbeads in cosmetics is part of a broader effort to reduce the use of plastics and protect our oceans and aquatic life from plastic pollution.

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Loopholes in the Microbead-Free Waters Act

On December 28, 2015, the Microbead-Free Waters Act (MFWA) was signed into law in the United States, banning plastic microbeads in selected cosmetic products. The Act prohibits the manufacturing, packaging, and distribution of rinse-off cosmetics containing intentionally-added plastic microbeads. However, there are loopholes in the legislation that have been identified:

Limited Scope

One of the main criticisms of the MFWA is its limited scope. The Act only applies to "`rinse-off` cosmetic products", such as facial scrubs and toothpastes, that are intended to exfoliate or cleanse the body. This means that other products that contain microbeads, such as makeup, lotions, deodorant, and household cleaners, are not covered by the legislation. This loophole potentially allows a significant number of microbeads to continue to enter the environment.

Lack of a Biodegradability Definition

The MFWA does not address the issue of biodegradability. During the discussions leading up to the Act, stakeholders could not agree on a definition of biodegradability, which led to the term being excluded from the bill altogether. This lack of a definition and standard for environmentally safe microplastics has been criticized as discouraging the development of biodegradable alternatives, which are necessary to address the broader issue of plastics in the environment.

Technical Language and Loopholes

The technical language of the MFWA has been criticized as being difficult to understand and potentially creating loopholes. The legislation is very specific in its definitions and exclusions, which may allow companies to find ways to continue using microbeads or similar materials that are not explicitly prohibited. The complexity of the legal language may also make it challenging for consumers, regulators, and enforcement agencies to fully understand and implement the law.

State-by-State Variations

Prior to the federal MFWA, several states, including California, New York, and Illinois, had enacted their own bans on microbeads. However, these state-level laws varied in their effectiveness and scope. For example, the Illinois bill has been criticized as being full of loopholes, while the California bill took a stronger stance by banning all plastics in rinse-off products. The federal MFWA mirrors the California legislation, but the existence of weaker state-level laws prior to the federal ban may have slowed down the process and allowed for continued use of microbeads in some states.

Enforcement and Compliance

While the MFWA establishes the ban on microbeads, ensuring compliance and enforcement is a separate challenge. Even after the ban was enacted, companies were still found to be using microbeads or similar materials in their products. The complex supply chains and global nature of the cosmetics industry make it difficult to monitor and enforce the ban across all manufacturers and retailers.

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Frequently asked questions

Yes, plastic microbeads are banned in the US.

The Microbead-Free Waters Act of 2015 bans plastic microbeads that are produced for exfoliants in cosmetic consumer products. It prohibits the manufacturing, packaging, and distribution of rinse-off cosmetics containing plastic microbeads.

The manufacture of products containing microbeads was banned from July 2017, and stores were prohibited from selling beauty products containing microbeads from July 2018.

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