Consumer demand for transparency in both the household and institutional markets continues to grow across the United States, and most recently manifested itself in the form of state legislation.
On October 15, 2017, Governor Jerry Brown signed the California Cleaning Product Right to Know Act of 2017 (SB 258) into law, making California the first state to require complete ingredient disclosure for cleaning products. The California law will take effect January 1, 2020, for full disclosure on websites and January 1, 2021, for disclosure on product labels. While California was first in the United States to require ingredient disclosure, it is far from the only state looking at this issue.
On April 25, 2017, New York Governor Andrew Cuomo announced an initiative that will require manufacturers of household and institutional cleaning products sold in New York to disclose cleaning products’ ingredients on their websites. The New York State Department of Environmental Conservation is expected to soon finalize this program. In addition, the Minnesota Legislature considered a similar ruling in 2017, and while it did not pass, the measure is expected to be reconsidered this year.
This surge in state activity on ingredient disclosure for cleaning products has caused many in the industry to consider the case for federal disclosure legislation. Such an approach would provide uniformity in the form of one national standard, an approach that is ultimately preferred to the complexity and cost of complying with a patchwork of state laws.
While legislative initiatives of this nature are clearly impactful, they are just the tip of the iceberg. Laws and regulations requiring ingredient disclosure are merely a reflection of the growing demand for transparency by commercial and household consumers alike who are flexing their purchasing muscle and insisting upon ingredient disclosure and other information. This rising demand for transparency has manifested itself in different ways:
Manufacturers of designated products sold in California must comply with the act’s labeling and website disclosure requirements. The act defines a manufacturer as a person or entity whose name appears on the label as either the manufacturer of the product or the distributor or retailer for whom the product is manufactured and whose name appears on the product-label (i.e., private label distributor).
The act’s disclosure requirements apply to the following types of products sold in California: air care; automotive; general cleaning; disinfectants (website disclosure only); and polish or floor maintenance products used for domestic, janitorial, or institutional cleaning purposes. The act excludes food, drugs (i.e., hand sanitizers), cosmetics, and products manufactured exclusively for industrial use.
Organizations must comply with the online disclosure requirements on or after January 1, 2020. The labeling disclosure provisions affected products sold in California takes effect on or after January 1, 2021. The applicability of this law is keyed to the date of sale, rather than the date of manufacture.
The following information must appear on a product’s label:
Manufacturers of designated products sold in California must disclose the following product information on their websites:
Manufacturers do not need to disclose the following:
However, all ingredients contained on any of the 22 designated regulatory listings or that are nonfunctional constituents must be disclosed.
Although companies mainly that manufacture or sell clean up products in California have a few years before compliance is mandatory, they should begin planning the implementation process immediately. This is because the Act’s disclosure requirements apply to the date of a product’s sale in California and not to the date of production or labeling. This information was first seen on www.issa.com