Ring in the New Year with California’s Cleaning Product Disclosure Requirements
As of January 1, cleaning products sold in California must comply with the website disclosure requirements of the California Cleaning Product Right to Know Act of 2017. By New Year’s Day, manufacturers (broadly defined to include retailers and distributors of “private label” products) of designated cleaning products must identify on their website all “intentionally added” ingredients that appear on one of 22 lists identified in the legislation, such as substances listed under Proposition 65 and those classified by the U.S. EPA, the EU, or other authoritative bodies as carcinogens, mutagens, reproductive toxins, neurotoxins, or otherwise as chemicals of concern (with certain exceptions for “confidential business information”).
In addition, the website must disclose certain “nonfunctional constituents” if present at or above 100 ppm (10 ppm for 1,4-dioxane), whether intentionally added or not. A “nonfunctional constituent” is defined as one of the 34 specified substances that is an incidental component of an intentionally added ingredient, a breakdown product of an intentionally added ingredient, or a byproduct of the manufacturing process that has no functional or technical effect on the designated product.
The website disclosures also must provide additional information, such as the functional purpose of the ingredient (e.g., fragrance, color, solvent, etc.), certain regulatory information, and links to safety data sheets. Ingredients must be listed in descending order of concentration in the product.
California’s requirements apply to “designated” cleaning products defined as “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.” Hence, disclosures are required for general cleaning products (soaps and detergents for fabric, dishes, counters, and appliances); polish or floor maintenance products; certain air care products (indoor air fresheners); and certain automotive products (cleaning, polishing, or waxing products for the exterior or interior of automobiles).
Excluded products include foods, drugs, and cosmetics, including personal care products such as toothpaste, shampoo, and hand soap; trial samples of designated products that are not packaged for individual sale, resale, or retail; and industrial products specifically manufactured for, and exclusively used in, oil and gas production, steel production, heavy industry manufacturing, industrial water treatment, industrial textile maintenance and processing other than industrial laundering, food and beverage processing and packaging; and other industrial manufacturing processes. Note that “pesticidal” products (including “disinfectant” cleaners) regulated under FIFRA are subject to website disclosure requirements (though such products are exempt from additional on-product labeling).
Keep in mind that, by New Year’s Day 2021, more detailed on-product labeling requirements come into force in California. In addition to providing similar information as for the website disclosures, specific information on fragrance allergens will be required.