Reed Smith Client Alerts

Expanding upon a growing trend of federal and state laws focused on public-right-to-know and information-transparency policies that inform the public of what chemicals they are exposed to in products, California Governor Jerry Brown signed into law the “Cleaning Product Right to Know Act of 2017,” (the “Act”) (previously Senate Bill 258) on October 15, 2017. As passed, the Act:

  • Requires detailed disclosure of “intentionally added” ingredients on a wide variety of products, including air care, automotive, and general cleaning products, as well as polish and floor maintenance products used for janitorial, domestic or commercial / institutional cleaning purposes
  • Requires disclosure on both the product label and on the manufacturer’s website
  • Creates some limited disclosure exemptions for qualifying “confidential business information”

Manufacturers will have until January 1, 2020, to post online disclosure requirements, and until January 1, 2021, for product label disclosures.

Authors: Todd O. Maiden Jamie Knauer

Prior Legislative Analysis

Reed Smith first analyzed an earlier version of SB 258 last June. A link to our original review can be found here. The original bill triggered significant concerns from both industry and Assembly members in areas with significant labor forces and employer interests. The California Assembly likely amended the bill in light of: 1) opponents’ voiced concerns of the over-abundance of facts on product labels that would lead to consumer confusion; 2) Confidential Business Information placed at risk; and 3) the costs and practical hurdles in implementing the disclosure requirements. This update focuses on a few of the key provisions, and the subsequent amendments to the bill that enabled it to pass.