Ban on cosmetic 'microbeads' could be first step towards wider ban, says government

The Department for the Environment, Food and Rural Affairs (Defra) is seeking views on the environmental impact of microbeads found in these products, which it will use to "inform future UK actions to protect the marine environment". It intends to ban the sale and manufacture of cosmetics and personal care products containing microbeads by the end of 2017 according to a consultation, published on behalf of the UK government and the devolved administrations.

"The current evidence shows that microplastics, including microbeads, cause harm in the marine environment," it said in its consultation, which closes on 28 February 2017. "We also know that microbeads used in rinse-off products (e.g. shower gels, face scrubs and toothpastes) are washed down the drain, enter the sewer system and a proportion end up in the marine environment where they contribute to the overall microplastic pollution load. There are also suitable alternatives readily available."

Defra said that it did not have the same evidence on the environmental impact of microbeads in other products.

"This consultation seeks to gather evidence on the extent of the environmental impacts of microbeads found in other products and other sources of microplastics, to inform future UK actions to protect the marine environment by identifying targeted, proportionate measures to address key avoidable sources of marine plastics pollution," it said.

"Microbeads from personal care products are believed to make up a very small percentage of the total of microplastics entering the marine environment … A ban only on microbeads within personal care products in the UK would therefore be expected to have only a small impact on the environmental situation around microplastics. However this is an important move as microbeads, like other microplastics, do not biodegrade and therefore accumulate in the environment. There are also suitable less harmful alternatives," it said.

Microbeads are small particles of plastic used in many cosmetics and personal care products, such as face scrubs and toothpastes. They also have many common cleaning and industrial uses. The particles are too small to be completely filtered out by sewage treatment systems when washed down the drain, which means that a proportion is washed out to sea where it can be eaten by marine animals or damage the marine ecosystem.

Environmental law expert James Nierinck of Pinsent Masons, the law firm behind Out-Law.com, said: "The government is correct to look at all sources of micro plastic pollution and not artificially limit this to makers of cosmetics and personal care products."

"While a broader ban seems attractive at first glance, careful consideration should be given to  certain classes of products which rely on microproducts for their effectiveness," he said. "If microplastics cannot realistically be substituted, or if microplastics can be recovered, derogations or structured phase-outs should be considered to enable the balancing of commercial and environmental interests and to ensure industry can adapt products accordingly."

A number of UK cosmetics and toiletries companies, including Unilever, have committed to voluntarily phasing out the use of microbeads in their products. Natural alternatives such as nut shells, salt and sugar have similar exfoliating properties, but do not pose a threat to the environment. The proposed ban will therefore create a level playing field for industry, tackle inconsistency and stop new products containing microbeads from being sold in the UK.

The Defra consultation proposes a ban on solid microplastic ingredients 5mm in size or smaller, when used as ingredients in rinse-off cosmetics and personal care products. The relevant regulations would come into force on 1 October 2017. The ban on manufacture would apply from 1 January 2018, and the ban on sale from 30 June 2018.

The legislation should be "developed collaboratively" with the devolved administrations, enabling the ban to be introduced across the whole of the UK. The English regulations would be enforceable through civil sanctions, according to the consultation document.