September 26, 2017

California Legislature Passes First in Nation Cleaning Products Disclosure Law

Seller Beware: Consumer Protection Insights for Industry

The California Legislature recently passed SB 258 (Lara) -- the Cleaning Product Right to Know Act of 2017 -- which requires manufacturers of cleaning products sold in the State of California to disclose ingredients on the product label and on the product's website. This is the first cleaning product disclosure legislation in the country and will likely result in new labeling of cleaning products sold nationwide. The bill awaits the Governor's signature.

On-Product Labeling Requirements

SB 258 provides cleaning product manufacturers with two options for disclosing certain ingredients on the product label. First, the product label may list all intentionally-added ingredients (those that have a functional effect in the product) contained on a list of 22 specified chemical databases, as well as each fragrance allergen included on a list compiled under the EU Cosmetics Regulation when present in the product at a concentration at or above 100 parts per million (ppm). Alternatively, the product label may list all intentionally-added ingredients contained in the product, as well as a statement that reads "Contains fragrance allergen(s)" if the product contains a fragrance allergen listed on the EU Cosmetics Regulation at a concentration level at or above 100 ppm. Intentionally-added ingredients on the California Proposition 65 list that are not fragrance allergens must be included on product labels regardless of concentration level.

Product labels that do not list all product ingredients must also include a statement that reads "For more ingredient information visit" followed by a web address, as well as a toll-free number, where the ingredient information can be obtained.

Online Disclosure Requirements

SB 258 also requires manufacturers of cleaning products to include additional ingredient information online, including a complete list of intentionally-added ingredients listed in descending order of predominance by weight, and a list of all nonfunctional constituents present in the designated product at a concentration level above 100 ppm. Nonfunctional constituents include a list of specified chemicals that are a incidental components of an intentionally added ingredient or byproducts of the manufacturing process that have no functional effect in the product. Nonfunctional constituents on the California Proposition 65 list must be included online only if exposure to the constituents would require a Proposition 65 warning.

Confidential Business Information Protections

SB 258 contains provisions that protect confidential business information (CBI). Specifically, the bill does not require manufacturers to list on their product labels intentionally-added ingredients--including fragrance ingredients--that are protected as CBI. Under the bill, CBI includes any intentionally-added ingredient for which a claim has been approved by the federal Environmental Protection Agency for inclusion on the Toxic Substances Control Act Confidential Inventory, or for which the manufacturer or its supplier claim protection under the Uniform Trade Secrets Act.

Scope of Products

SB 258 applies to a finished product that is 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 bill does not, however, apply to foods, drugs, cosmetics, personal care products, or industrial products specifically manufactured for oil and gas production, steel production, heavy industry manufacturing, industrial water treatment, industrial textile maintenance and processing other than industrial laundering, or food and beverage processing and packaging.

Effective Dates

The online disclosure requirements take effect on January 1, 2020 and the on-label disclosure requirements take effect on January 1, 2021. Product manufacturers need not list ingredients on the California Proposition 65 list of chemicals until January 1, 2023.

SB 258 was the product of intensive negotiation and is therefore quite complex. It will require cleaning product manufacturers to begin changing their labeling practices well in advance of the effective dates. Arnold & Porter was deeply involved in the legislative process and is well-equipped to assist companies with compliance.

© Arnold & Porter Kaye Scholer LLP 2017 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.

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