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Coming Clean on Cleansers

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Coming Clean on Cleansers Coming Clean on Cleansers Coming Clean on Cleansers Ingredient Disclosure by Five Leading Cleaning Product Makers September 2020 Page | 1 Coming Clean on Cleansers ACKNOWLEDGEMENT CONTENTS WRITTEN BY: 3 Executive Summary 5 Introduction Clean and Healthy New York What We Did 25 Elk St, Garden Suite 12 Albany, NY 12207 14 What We Found 518-641-1552 www.chny.org 18 Recommendations [email protected] 20 Appendix A: List of California Chemicals of Lead author: Bobbi Wilding, MS Concern Primary research: Shawn Charniga Design: Sarah Heikkenin, MA 23 Appendix B: Additional Lists of Chemicals of Concern Identified by NYS Best REVIEWED BY: Management Practices Nancy Buermeyer* 24 Appendix C: Breast Cancer Prevention Partners Globally Harmonized System of Kathleen A Curtis Hazard Characteristics CHNY Executive Director Caitlin Ferrante 25 Appendix D: Sierra Club Atlantic Chapter Detailed Methods Alexandra Gorman Scranton 27 Appendix E: Women’s Voices for the Earth Products Surveyed Avinash Kar* Natural Resources Defense Council 29 Appendix F: Jonathan Kalmuss-Katz Corporate Reponses to CHNY”s Earthjustice Inquiries and Findings Jamie McConnell Women’s Voices for the Earth 30 Appendix G: Endnotes WITH GRATITUDE: This report was made possible by support from the Park Foundation, the Marisla Foundation, the Passport Foundation and individual donors. This report assesses the overall status of compliance with California law and New York State recommendations by looking at five large companies, based on information available online in February, March, July and August 2020. It is not a complete review of ingredient disclosure by all cleaning product manufacturers. The report is intended to inform corporate, government, and individual actions. We do not claim that any chemical of concern in any product will cause any specific health outcome for any particular individual. *Reviewed for accuracy. 2 | Page Coming Clean on Cleansers Cleaning products are designed to help people sent at 100 parts per million or more, and 1,4 keep their homes, clothes, dishes and other ob- dioxane when present at or above 10 ppm. jects clean. But what happens when these prod- Safety Data Sheets for the product. ucts contain chemicals that could harm Companies must include chemical ingredient in- someone’s health, or the environment? And what formation on labels as of January 1, 2021. if you don’t get to know? Until New York State (NYS) and California (CA) took two different paths Starting in January 2023, companies must dis- to arrive at the same solution – disclosure of close by product chemicals appear on CA Proposi- chemicals in cleaning products – that is precisely tion 65 list of chemicals identified as causing can- the situation in which Americans have been. cer or reproductive harm. However, products re- main subject to Proposition 65's warning require- Studies show that working as a professional ments at all times. cleaner, or even cleaning one’s home weekly, can harm a person’s lungs over their lifetime equiva- New York State issued Guidance on its longstand- lent to the harm from smoking a pack of ciga- ing cleaning product regulations in 2018. A court rettes a day. We need to know which chemicals ruling determined that NYS must issue a new reg- are present in our laundry detergent, dish wash- ulation and not simply guidance on how to imple- ing pods, air fresheners, bathroom tile cleaners, ment its law, which it is now doing. In the interim, and more, in order to make healthy choices for the prior guidance remains a reflection of the cur- ourselves, our families, and our workplaces. rent Best Management Practices (BMP). These BMPs exceed CA legal requirements by: In January 2020, California’s recent law (SB 258) started going into effect, requiring companies sell- Adding additional lists of chemicals of con- ing home and commercial cleaning products for cern, most critically the list of asthmagens de- dishes, fabrics, food utensils and premises, auto- termined by the Association of Occupational motive products, air fresheners, floor polishers, and Environmental Clinics (AOEC). and disinfectants sold in stores or online in the state to disclose: Directing disclosure of the identity of chemi- cals of concern along with their associated All intentionally-added ingredients, with their hazards. CA requires chemicals of concern and function, and whether chemicals in the prod- chemical hazards to be identified but does not uct appear on any of 22 authoritative lists as require the associated hazard to be specifical- chemicals of concern to the state of California ly linked to the chemical. (see Appendix A), or are fragrance allergens present at levels 100 parts per million or Lowering the thresholds for disclosure of by- more, with links to CA list of “Designated products and contaminants that are chemicals Chemicals.” of concern to well below 100 parts per million. Any of 33 chemicals of concern when they are Including a statement acknowledging the level present as byproducts or contaminants pre- of disclosure (are any chemical names with- Page | 3 Coming Clean on Cleansers held as confidential? Are contaminants of con- The good news is that these five companies are cern disclosed? To what extent are fragrance substantially meeting CA SB 258, and some have ingredients disclosed?). adopted additional features recommended by the NYS Best Management Practices. Providing information about each product’s Globally Harmonized Systems hazards. The less good news is that without binding regula- tion, some vital features of NYS Best Management What are companies disclosing? To understand Practices have not been adopted, which leaves this, we selected five significant companies that consumers still without the full information they make cleaning products, and selected 20 prod- need to make informed choices, and companies ucts from each company to see if we could find without the ability to fully understand the health ingredient information, and if so, to what extent ramifications of purchasing cleaning products that companies are meeting current California legal employees will use. requirements, their scheduled phase-in require- ments, and New York State’s Best Management Practices. Table 1. Summary of scores by company Colgate Seventh Clorox Palmolive P&G RB Generation Meeting current CA 80% 58% 99.5% 97% 100% reporting requirements Implementing 2023 CA 50% 0% 0% 100% 100% requirements for Prop 65 Incorporating NYS Best 13% 11% 0% 38% 50% Management Practices TOTAL RATING 47% 35% 52% 72% 79% 4 | Page Coming Clean on Cleansers What’s in your cleaning product? There is evi- and California stepped into the gap to ensure pub- dence that, while removing dirt, some ingredients lic disclosure of cleaning product ingredients. add other hazards to people and the environment. In New York, advocates prompted action by the One study of over 6,000 people found that using state Department of Environmental Conservation cleaning products once a week or more over 20 using a long-overlooked state law - passed in years reduced the lung function of participants as 1971 to address phosphorous water pollution - equal to smoking a pack of cigarettes a day for which granted the agency legal authority to order the same length of time.1 Chemicals in cleaning disclosure of cleaning product ingredients and re- products can contribute to water pollution, are move those containing harmful chemicals from respiratory irritants, can cause asthma and trigger the marketplace. episodes, and even contribute to long-term likeli- hood of cancer.2 Some of these chemicals are In California, legal authority was required, and in added intentionally. Some, like formaldehyde and 2017, the legislature passed a new law, SB 258.3 1,4-dioxane, are created during the manufactur- ing process or due to ongoing chemical reactions On January 1, 2020 legal reporting requirements after the final product is packaged. started going into effect under California law. New York State’s reporting requirements must move There is no federal law requiring cleaning product through a formal regulatory process to have the makers to tell consumers exactly what is in the effect of law, but the State has provided Best products they sell. In Management Practices to consider while those recent years, New regulations are being developed.4 This report sur- York State veys how certain major companies have respond- ed to these policies, how completely they are dis- closing ingredients, and whether they are meeting - or ex- ceeding - legal require- ments to give consum- ers robust understand- ing of the chemicals in their products. Page | 5 Coming Clean on Cleansers A BRIEF HISTORY NEW YORK STATE CLEANSING may require, in such form as may be prescribed by the commissioner.” PRODUCT INGREDIENT The agency determined that the law covers the DISCLOSURE following kinds of cleaning products: Bleach (Non-FIFRA regulated) Water pollution was a major problem in the Cleaners 1960s. In 1971, to address a major source of Descalers phosphorous water pollution, New York State Dish Cleaning/Care –for dishwasher and hand (NYS) enacted legislation to ban phosphorus as washing an ingredient in cleaning products.5 This law be- Drain Treatments/Pipe Unblockers came Article 35 of state Environmental Conserva- Food Treatments tion Law. In addition to setting limits on phosphorus, Article 35 grants that New York State “fully exercises the exclusive right to regulate and control the labelling and ingredients of house- Under New York State law, hold cleaning products distributed, "Household cleansing product" sold, offered, or exposed for sale in means any product, including but not this state.” limited to soaps and detergents, con- Article 35 authorized the Department taining a surfactant as a wetting or of Environmental Conservation (DEC) dirt emulsifying agent and used pri- to promulgate regulations that require marily for domestic or commercial manufacturers of household cleaning products sold in New York State to cleaning purposes, including but not provide information about their prod- limited to, the cleansing of fabrics, ucts and make those records availa- dishes, food utensils and household ble to the public.
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