The Akron Legal News

Proposal would ban microbeads in hygiene products

TIFFANY L. PARKS
Special to the Legal News
Published: August 3, 2015

Sen. Michael Skindell, D-Lakewood, has reintroduced a bill into the Ohio General Assembly that would ban the sale of cosmetics or personal care products containing microbeads.

Under the proposed legislation, Senate Bill 193, microbeads are defined as micro-polymer particles, less than five millimeters in diameter, that are made of synthetic or semi-synthetic polymeric materials such as polyethylene, polypropylene, polyethylene terephthalate, polymethyl methacrylate or a combination of such polymers.

Skindell has said microbeads contained in personal care products such as facial scrubs, body washes, toothpaste and hand soaps are being deposited into Lake Erie and causing harm to the water and marine life.

SB 193, which is jointly sponsored by Skindell and Sen. Randy Gardner, R-Bowling Green, was filed into the legislature earlier this month.

The proposal is a reintroduction of Senate Bill 304 from the last General Assembly.

SB 304, sponsored solely by Skindell, stalled after one hearing before the Senate Energy and Natural Resources Committee.

Skindell has described the bill’s provisions as “common sense” measures to help stop the pollution of one of Ohio’s greatest landmarks.

If enacted, SB 193 would prohibit the sale of personal care products that contain microbeads within them in the state. The proposal covers both retail and wholesale transactions.

“The problem occurs when these microbeads are washed through the sewer systems into our waterways. Fish and aquatic life mistake these tiny products as food. This creates a significant health problem because these microbeads act as a sponge for toxic pollutants, which in turn are ingested by fish and aquatic life,” Skindell said.

According to a study conducted by scientists from the University of Wisconsin-Superior and the 5 Gyres Institute in California, as many as 356,000 microbeads can be found in one, 4.2-ounce tube of a leading facial cleanser.

“Unfortunately due to their size, they are slipping through our waste water management systems and ending up in Lake Erie,” Skindell said.

Studies have estimated that fish off of the West Coast ingest more than 12,000 tons of plastic each year.

For its part, 5 Gyres has launched the Ban the Bead campaign to get microbeads removed from store shelves.

“These tiny plastic beads, used in face and body scrubs and toothpaste, are washed directly down the drain and into our water systems, where they harm our waterways and the animals that live there. It is one of the most dangerous sources of plastic pollution,” officials from the nonprofit organization wrote.

Measures similar to SB 193 have been introduced in New York, California, New Jersey and Illinois.

Skindell said the Ohio bill is patterned after the New York proposal.

“Various companies that produce cosmetics and personal-care products such as Proctor & Gamble and Johnson & Johnson have agreed to phase out the use of these microbeads in its products,” the lawmaker said.

“However, many of these manufacturers have not agreed to phase out the use of microbeads and will continue to do so.”

Apricot shells and cocoa beans have been suggested as natural substitutes.

“The legislation would prohibit the sale of personal-care products that contain these synthetic and semi-synthetic polymeric materials,” Skindell said.

“Violations would result in a civil fine of not more than $1,000 for each day of non-compliance for the first offense and a civil fine of not more than $2,000 for each day of non-compliance for subsequent offenses.”

SB 193 would also authorize the director of the Ohio Department of Agriculture to adopt rules for the implementation of the bill.

“This bill would help ensure our health and safety in the food supply, clean up the environment, protect fish and aquatic life and strengthen our fishing industry,” Skindell said. “Let’s follow Illinois’ lead and pass this important piece of legislation to provide for the health and well-being of our citizens.”

SB 193 is co-sponsored by Sens. Charleta Tavares, Kenny Yuko and Cliff Hite.

The bill is awaiting a committee assignment.

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