Deadlines Looming to Disclose Cleaning Product Ingredients
Manufacturers and private labelers of cleaning, air care, automotive, and polish or floor maintenance products operating in California: Have you started to design your website to be in compliance with the “Cleaning Product Right to Know Act of 2017”? For covered products, ingredient and other information needs to be on websites as of January 1, 2020. Associated labeling disclosure is needed by 2021. Products without the required disclosures will no longer be legal to sell in California. Noncompliance could result in civil penalties against your business.
You will be required to disclose all intentionally added ingredients, except certain fragrances, and their function (e.g., surfactants). Non-intentionally added ingredients (e.g., byproducts, contaminants, fragrance allergens, etc.) need to be listed if present in a covered product in certain concentrations or they appear on more than 20 different lists of “chemicals of concern,” including California Proposition 65, IRIS carcinogens, EU Endocrine Disruptors, etc. Website postings must also include other required information.
Compliance is likely to be scrutinized in the coming months and we expect on-line compliance to be a focus for enforcement going forward.