Cleaning Product Manufacturers Prepare to Comply with State Ingredient Disclosure Laws
Over the coming year, California will gradually implement the requirement that cleaning product manufacturers will make extensive disclosures on the manufacturers’ website and on product labels the identity of the ingredients they used. There will be questions on which ingredients and other information will have to be disclosed and which can be withheld to safeguard confidential business information (CBI). Manufacturers of affected products should start preparing for compliance now.
The Range of Cleaning Products Covered
In California, the Cleaning Products Right to Know Act covers general cleaning products, polishing or floor maintenance products, some air care products like air freshener and some automotive products. Food, drugs, cosmetics and personal care items or industrial products exclusively manufactured for and used in certain industries are not covered by the law.
California Disclosure Requirements
The California law will have different disclosure requirements for product labels (starting January 1, 2021) and manufacturer websites (starting January 1, 2020).
The product labeling requirements will take effect on January 1, 2021. Following are specific requirements to determine whether the identity of an ingredient should be disclosed or not.
- If the ingredient appears on one or more designated lists worldwide such as: California’s Proposition 65 list, chemicals with certain EU classification (mutagens, carcinogens, or reproductive toxicants), the European Union list of Substances of Very High Concern (SVHCs), persistent, bioaccumulative and toxic chemicals under the Canadian Environmental Protection Act, neurotoxic chemicals as indicated by EPA’s Integrated Risk Information System), etc.
- If the ingredient was intentionally added to the product for specific technical or functional effects or not.
- If the ingredient is listed under fragrance allergen or not.
- If the ingredient is qualified for CBI protection or not under the Uniform Trade Secrets Act. CBI protection is not applicable to intentionally added ingredients.
The law requires that the manufacturer’s website and phone number appear on the product label. Labels that don’t list all the intentionally added ingredients should include the link to the manufacturer’s website.
The requirements on website disclosure will take effect on January 1, 2020. As expected more information is required to be on the manufacturer’s website.
In most cases, all intentionally added ingredients that are not exempted by law, all listed substances which are 100 parts per million or more must be made known on the manufacturers’ website.
Other information required on the manufacturers’ websites are the Chemical Abstract Service numbers, links to safety data sheets, some regulatory information and the function of some ingredients (e.g., color, fragrance, etc.).