Senate bill would require retailers to post notices about illegal, mercury-containing skin‑lightening products

Senate File 1481, introduced by Sen. Karin Pappas, would require retailers that sell skin‑lightening products to display a conspicuous notice telling customers that selling skin‑lightening products that contain mercury is illegal and that using such products may cause adverse health consequences.

The measure, described to the Senate Commerce and Consumer Protection Committee on Feb. 7, 2025, targets creams, soaps and other products used to “whiten” skin that sometimes contain pharmacologically active and toxic ingredients. “Skin lightening is the practice of using pharmacologically active ingredients for cosmetic purposes to whiten the skin,” Pappas said. She noted products commonly contain harmful ingredients such as “mercury, hydroquinoid, steroid, arsenic, kojic, glycolic, and other fruit acids,” many of which do not appear on labels.

Committee testimony emphasized both health and environmental risks. Amira Adawi, executive director of Beauty Well, told the committee her group, the Minnesota Department of Health, the Minnesota Pollution Control Agency and the U.S. Food and Drug Administration have tested more than 500 products and found mercury ranging “from 10 parts per million to 59,000 parts per million,” well above the FDA threshold of 1 part per million. “Many consumers are unaware of the damage associated with the use of mercury added skin lightening products,” Adawi said.

Barbara Sue Hall, a St. Paul resident and consultant with Kolesaja Synergy Consulting, said toxins from these products enter water and soil when washed off or discarded. “The effects of these chemicals extend beyond their health. They impact their children, their families, their neighbors, and the very water, air, and land that sustain us all,” Hall said.

Several senators questioned whether the posting requirement would materially reduce sales of illegal products. Chair Klein and other members noted the items are already illegal to sell, and asked whether the state could instead step up inspections and seizures. Pappas and witnesses said inspecting and seizing illegal products would require additional agency resources and staff, and that the sign requirement is a lower‑cost, educational approach intended to inform consumers and retailers who may be unaware that a product contains mercury.

Committee members also raised practical questions about enforcement and sign design. Sen. Lindsey Howe asked which agency would enforce the requirement, noting the Minnesota Pollution Control Agency (MPCA), the Department of Health and the Department of Commerce all have roles in related issues. Pappas said the bill instructs agencies to develop the sign in consultation with community organizations and that size and language requirements could be adjusted as the bill moves forward.

The chair laid the bill over for possible inclusion following the discussion. No committee vote to advance the bill was taken on Feb. 7.

Proponents: Senator Karin Pappas; Amira Adawi, executive director, Beauty Well; Barbara Sue Hall, principal, Kolesaja Synergy Consulting.

Opponents/concerns: Several senators expressed concern the posting requirement may not reach retailers who knowingly sell illegal products and that enforcement resources are limited.

Votes at the committee: No final committee recommendation recorded; bill was laid over for possible inclusion.