Even though cleaning products are commonly labeled with their chemical ingredients, many people may be surprised to learn that federal regulations do not require manufacturers to disclose most ingredients in cleaning products. Similarly, state laws do not mandate cleaning product ingredient labels and relatively few state laws require informing workers about their exposure to cleaning chemicals in the workplace. However, a new California law is expected to influence a change in ingredient transparency from the entire cleaning product industry. Last month, the California Cleaning Product Right to Know Act of 2017 (“CPRTK”) (Cal. Health and Safety Code section 108950, et. seq.) was signed into law making California the first state in the nation to require manufacturers of cleaning products sold in the state to disclose chemical ingredients on product labels and product websites.
Product Labeling & Websites
The CPRTK applies to designated cleaning products defined as an “air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, or institutional cleaning purposes.” The chemical ingredients required to be listed on the product label and website are (1) intentionally added ingredients from a designated list of chemicals, as well as added fragrances and colorants, and (2) certain fragrance allergens regulated by the EU. Listed chemicals can be found in Health & Safety Code section 108952.
Under the law, product labels must contain the ingredients as well as the manufacturer’s toll-free number and website address. If listing all required ingredients is not feasible, the label must direct consumers to the manufacturer’s website. The product-specific website must include any of the ingredients included on a designated list and the functional purpose of such ingredients, any incidental ingredients in specified concentrations, and a link to the Safety Data Sheet for the product.
CPRTK Deadlines
The CPRTK goes into effect in two stages:
- The online disclosure requirements, described in Section 108954.5, apply to designated products sold in the state on or after January 1, 2020.
- The product label disclosure requirements, described in Section 108954, apply to designated products sold in the state on or after January 1, 2021.
- Disclosure of Proposition 65 chemicals is not required until January 1, 2023.
- Properly dated or coded products manufactured prior to the disclosure deadlines are exempt.
Manufacturers are required to stay on top of ingredient disclosures. A manufacturer is required to update online disclosures required by a change in a product’s chemical makeup within six months of the change and update labels within 18 months of the change. A manufacturer that fails to comply with the law’s requirements is prohibited from selling the product in the state.
Workplace Cleaning Products
The CPRTK primarily affects product manufacturers. However, the law adds a section to the California Labor Code requiring employers who are already required to make available to employees safety data sheets for hazardous substances in the workplace, to also make available in printable form the online disclosure information for cleaning products used in the workplace. A violation of this requirement is a crime.
The CPRTK has been well-received by the cleaning product industry, but many more manufacturers must “come clean” with the chemicals that are used in their products so that consumers and workers are informed of the potentially harmful effects of the products they use every day.