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Record #: O2015-7985   
Type: Ordinance Status: Failed to Pass
Intro date: 10/28/2015 Current Controlling Legislative Body: Committee on Finance
Final action:
Title: Amendment of Municipal Code Chapter 7-28 by adding new Section 7-28-368 to prohibit sale of nail polish containing triphenyl phosphate (TPHP or TPP)
Sponsors: Burke, Edward M., Laurino, Margaret, O'Connor, Patrick
Topic: MUNICIPAL CODE AMENDMENTS - Title 7 - Health & Safety - Ch. 28 Health Nuisances
Attachments: 1. O2015-7985.pdf
Related files: R2019-362
Committee on Finance

WHEREAS, the City of Chicago is a home rule unit of government pursuant to the 1970 Illinois Constitution, Article VII, Section 6 (a); and

WHEREAS, pursuant to its home rule power, the City of Chicago may exercise any power and perform any function relating to its government and affairs including the power to regulate for the protection of the public health, safety, morals, and welfare; and

WHEREAS, triphenyl phosphate ("TPHP") is a chemical that is commonly used as an ingredient in nail polish to render it more flexible and durable; and

WHEREAS, TPHP is a suspected endocrine-disrupting chemical, which means that it interferes with normal hormone functioning; and

WHEREAS, studies link TPHB to reproductive and developmental irregularities in animals and suggest that TPHB interacts with a protein central to regulating the human body's metabolism and production of fat cells; and

WHEREAS, a recent study co-authored by researchers at Duke University and the Environmental Working Group suggests that TPHP is absorbed into the body from nail polish; and

WHEREAS, the study entitled, Nailed: Endocrine Disruptor In Nail Polishes Gets Into Women's Bodies, which was published on October 19, 2015 in the peer-reviewed journal Environmental International, detected evidence of TPHP in the bodies of every woman who painted her nails for the study; and

WHEREAS, the study concluded that nail polish may be an important contributor to short-term TPHP exposure and, for frequent users of nail polish, exposure to TPHP may be a long-term hazard; and

WHEREAS, researchers have additionally expressed concern that millions of young people are being exposed to a suspected hormone-disrupting chemical when their bodies are rapidly developing and entering puberty; and

WHEREAS, according to market research, nail polish use is almost universal among teenage girls; and

WHEREAS, the Food and Drug Administration has stated that under federal law manufacturers are not required to prove that cosmetic ingredients are safe before putting products on the market; and

WHEREAS, the City of Chicago intends to prohibit the use of TPHB in nail polish in order to limit Chicago residents' exposure to the suspected endocrine-disrupting chemical; now, therefore


SECTION 1. The above recitals are expressly incorporated herein and made part hereof as though fully set forth herein.

SECTION 2. Chapter 7-28 of the Municipal Code of the City of Chicago is hereby amended by inserting new section 7-28-368 as follows:

7-28-368 Nail polish - TPHP.
As used in this section, the term "nail polish" means any clear or colored coating designed for application to the fingernails or toenails including, but not limited to, lacquers, enamels, acrylics, base coats, and top coats.
It shall be unlawful for any person to sell, offer or expose for sale, give, or furnish any nail polish containing triphenyl phosphate, otherwise known as TPHP or TPP.
Any person violating this section shall be fined not less than $100.00 nor more than $300.00 for the first offense, and not less than $300.00 nor more than $500.00 for the second and each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense.

SECTION 3. This ordinance shall be in full force and effect upon passage and publication.