"Mercury in mascara? Minn. law bans it"

ST. PAUL, Minn. - The quest for thicker lashes and defined eyes should get safer in Minnesota on Jan. 1, when a state law banning mercury from mascara, eye liners and skin-lightening creams takes effect.

Minnesota apparently is the first state in the nation to ban intentionally added mercury in cosmetics, giving it a tougher standard than the federal government.

Retailers who knowingly sell mercury-containing cosmetics in Minnesota could face fines of as much as $700. Penalties could reach $10,000 for manufacturers who fail to disclose mercury on product labels, according to the Minnesota Pollution Control Agency.

"Mercury does cause neurological damage to people even in tiny quantities," said Sen. John Marty, the Democrat from Roseville who sponsored the ban. "Every source of mercury adds to it. We wanted to make sure it wasn't here."

Most makeup manufacturers have phased out the use of mercury, but it's still added legally to some eye products as a preservative and germ-killer, said John Bailey, chief scientist with the Personal Care Products Council in Washington. That group doesn't track mercury in beauty products and favors a national approach to regulating cosmetics, instead of laws that vary from state to state...

"Personal care products contain many problematic chemicals," Malkan said. "Many ingredients aren't listed on the labels."

Minnesota's cosmetics provision is part of a larger ban targeting better-known sources of mercury, such as thermostats, barometers, industrial switches and medical devices. The law also covers toiletries, fragrances and over-the-counter drugs such as eye drops, nasal sprays, hemorrhoid treatments and antiseptics...

Mercury fumes can collect inside a jar of skin cream or a tube of mascara, and a person could inhale them when the container is opened, Herbrandson said.

Imported skin-lightening creams and soaps with high levels of mercury have been found in other states; they are illegal under federal law. Herbrandson said skin products with mercury are more dangerous than mercury-containing eye makeup because people apply larger quantities to their bodies.