BILL ANALYSIS Ó
AB 708
Page 1
Date of Hearing: April 21, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 708
Jones-Sawyer - As Amended April 14, 2015
SUBJECT: Consumer products: content information.
SUMMARY: Requires the manufacturer of a designated consumer
product manufactured after July 1, 2016, for retail sale in
California, to disclose each ingredient contained in the product
on the product label, and on the manufacturer's website, as
specified.
EXISTING LAW:
Federal Law
1)Establishes the Federal Food, Drug, and Cosmetic Act, giving
authority to the U.S. Food and Drug Administration (FDA) to
oversee the safety of food, drugs, and cosmetics. (21 U.S.C.
Sec. 301 et seq.)
2)Establishes the Fair Packaging and Labeling Act (FPLA) which
directs the Federal Trade Commission and the FDA to issue
regulations requiring all "consumer commodities" be labeled to
disclose net contents, identity of commodity, and name and
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place of business of the product's manufacturer, packer, or
distributor. (15 USC Sec. 1451 et seq.)
3)Establishes the Toxic Substances Control Act (TSCA) which
granted the Federal Environmental Protection Agency the
authority to create a regulatory framework to collect data on
chemicals in order to evaluate, assess, mitigate, and control
risks that may be posed by their manufacture, processing, and
use. (15 U.S.C. Sec. 2601 et seq.)
California Law
1)Establishes the California Safe Cosmetic Act (CSCA) of 2005,
which requires the manufacturer, packer, or distributor named
on a product label to provide to the California Safe Cosmetics
Program in the Department of Public Health (DPH) a list of all
cosmetic products that contain any ingredients known or
suspected to cause cancer, birth defects, or other
reproductive harm. (Health and Safety Code (HSC) Section
111791 et seq.)
2)Requires the Department of Toxic and Substance Control, (DTSC)
on or before January 1, 2011, to adopt regulations to
establish a process to identify and prioritize those chemicals
or chemical ingredients in consumer products that may be
considered as being a chemical of concern, as specified, and
requires the DTSC to establish an identification and
prioritization process that includes, but is not limited to,
all of the following considerations: the volume of the
chemical in commerce in this state; the potential for exposure
to the chemical in a consumer product; and the potential
effects on sensitive subpopulations, including infants and
children. (HSC Section 25252)
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3)Establishes the Safe Drinking Water and Toxic Enforcement Act
of 1986, (Proposition 65), which requires the State to publish
a list of chemicals known to cause cancer or birth defects or
other reproductive harm and must be updated at least once a
year. (HSC Section 25249.5 et seq.)
THIS BILL:
1)Defines a "chemically formulated consumer product" to mean a
consumer product that is manufactured from chemicals or
chemical compounds to be used by household, institutional,
commercial, and industrial consumers without further
processing for specific purposes where dilution by the
consumer is not considered further processing.
2)Defines a "consumer product" as a product or part of the
product that is used, brought, or leased for use by a person
for any purposes, as specified.
3)Defines "designated consumer product" to mean any product
included in the following categories:
a) "Air care product" means a chemically formulated
consumer product designed, or labeled to indicate that the
purpose of the product is, to mask odors or to freshen,
clean, scent or deodorize the air;
b) "Automotive product" means a chemically formulated
consumer product designed, or labeled to indicate that the
purpose of the product is, to maintain the appearance of a
motor vehicle, as specified, including products for
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washing, waxing, polishing, cleaning, or treating the
exterior or interior surfaces of motor vehicles, but does
not include automotive paint or paint repair products;
c) "Cleaning product" means a soap, detergent, or other
chemically formulated consumer product designed, or labeled
to indicate that the purpose of the product is, to clean or
disinfect surfaces, including, but not limited to, floors,
furniture, countertops, showers and baths, or other hard
surfaces, such as stovetops, microwaves, and other
appliances, fabric care, or dish or other ware washing;
and,
d) "Polish or floor maintenance product" means a chemically
formulated consumer product, such as polish, wax, or a
restorer designed, or labeled to indicate that the purpose
of the product is, to polish, protect, buff, condition,
temporarily seal, or maintain furniture, floors, metal,
leather, or other surfaces.
4)Defines "ingredient" to mean "a chemical in a designated
consumer product."
5)Defines a "manufacturer" to mean "a person or entity that
manufactures, assembles, produces, packages, repackages, or
relabels a designated consumer product that is sold,
distributed, or used in this state."
6)Requires the manufacturer of a designated consumer product
manufactured after July 1, 2016, for retail sale in this
state, to disclose each ingredient contained in the product on
the product label and post the product ingredient information
on the manufacturer's Internet website, and provide the
Internet website and page address on the label of the
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designated product along with a statement directing the
consumer to the Internet website for information concerning
ingredients contained in the product.
7)Requires each ingredient contained in the designated consumer
product to be listed on the product label in order of weight,
as measured by the ingredient's percentage weight of the total
weight of all ingredients in the product, and authorizes
ingredients present at one percent or less of the total weight
to be listed in any order.
8)States that manufacturers do not have to list the weight of
any ingredient.
9)Requires ingredients in a designated consumer product to be
identified by the Chemical Abstract Service (CAS) number and
either the Consumer Specialty Products Association (CSPA)
Consumer Product Ingredients Dictionary name or the
International Nomenclature Cosmetic Ingredient name, and if
there is no specified name, requires the ingredients to be
identified by the CAS number and the International Union of
Pure Applied Chemistry name, and if those names are not
available, requires the product to be identified by the CAS
number and common chemical name.
10)Requires the manufacturer, when identifying an ingredient
name, to also identify which of the nomenclature references
were used for ingredient identification.
11)Requires each ingredient to have an explanation and purpose
for being on the designated consumer product on the
manufacturer's Internet website.
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12)Requires the disclosure information to be in a type size no
smaller than 6-point font.
13)Provides that no reimbursement is required by this bill
pursuant to Section 6 of Article XIIB of the California
Constitution because the only costs that may be incurred by a
local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
1)Purpose. This bill is sponsored by the Environmental Working
Group and the Breast Cancer Fund . According to the author,
"Cleaning product manufacturers through advertisements
encourage consumers and business owners to keep their homes
and workplaces clean and fresh using their products. But
what isn't well known is that our culture for cleaning leads
to frequent and repeated exposure to toxic chemicals that may
harm Californians. However, unlike food, cosmetics, and
drugs, most cleaning product manufacturers are not required
to disclose ingredients. Absent any state mandate for
ingredient disclosure, consumers are left in the dark when it
comes to purchasing cleaning products they feel are safe for
them, their families, or their workers."
"Disproportionately low-wage workers, women, immigrants, and
people of color work in much needed service industries that
require complex and often hazardous cleaning solutions.
However, all ingredients are not always listed on the labels.
[This bill] would require that manufacturers clearly identify
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ingredients in common household products, particularly
cleaning products, air care products, automotive products, and
floor maintenance products. By being open and transparent,
consumers can make an informed choice about the types of
products they want to buy and use in their households and
local businesses."
2)Background. Beginning July 1, 2016, this bill will require
designated consumer cleaning products manufactured for sale in
California to include a list of the product's ingredients on
the product label along with a link to the manufacturer's
website where consumers will also be able to find the relevant
list of product ingredients. This bill is specifically
targeting "cleaning products," including commercial and
consumer-household products, which are not required to
disclose product ingredients under current disclosure laws,
unlike personal care products and food.
Similar Federal Legislation. Last year, Representative Steve
Israel (NY) introduced the "Cleaning Product Right to Know Act
of 2014," which would have required a cleaning product
manufactured or offered for sale, distributed in commerce, or
imported into the United States to bear a label listing each
of its ingredients and would have allowed the Consumer Product
Safety Commission (Commission) to exempt certain products from
labeling requirements, including those ingredients found at
such a low level detection is not technically possible, or
providing five-year exemption periods for ingredients that a
manufacturer would deem to be a trade secret. In addition,
the legislation would have required the manufacturer to make
available on its website a complete list of ingredients, among
other provisions. However, the federal legislation did not
move, and according to the author's office there is not a
similar federal law pending.
Need for Product Label Disclosures. A 2011 study, Dirty
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Secrets: What's Hiding in Your Cleaning Products?,
commissioned by Women's Voices for the Earth, conducted an
independent laboratory review of many household cleaning
products and reported that some of the ingredients in common
household products contain reproductive toxins and allergens,
yet none of those chemicals were listed on the product's
ingredient label. Further, the Environmental Working Group
created a "Guide to Healthy Cleaning," which reviewed the
chemical ingredients of many cleaning products, and noted,
"its researchers discovered that it took hard work to find out
what potentially toxic chemicals were in them. Unlike
manufacturers of cosmetics and personal care products,
companies that make cleaning products are not required to list
the ingredients they put in their formulations on the package,
bottle or box?just seven percent of cleaning products
adequately disclosed their contents."
Further, the Work-Related Asthma Prevention Program,
established at the Department of Public Health, tracks
information about workers with asthma in California, and helps
workers avoid getting asthma from their job. The program
reported that nearly 10% of all work-related asthma cases were
caused by exposure to cleaning products. Most of these cases
had new asthma that started only after they began work -
implying that the exposures caused their asthma. The program
also reported that about one in five people (almost 20%) used
cleaning products directly, such as janitors. The other 80%
of workers attributed their asthma symptoms to cleaning
products used nearby. Many workplaces, like schools,
hospitals, and restaurants are places where everyone,
including children, can be affected by cleaning products.
Federal law requires employers to make available to workers
and their representatives Safety Data Sheets (SDSs) (formerly
known as Material Safety Data Sheets or MSDSs) for each
substance which provides detailed information about chemical
hazards, their effects, how to prevent exposure and emergency
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treatment if an exposure occurs. However, the SDSs are not
required to disclose all chemicals contained in the product.
While many household consumer products have SDSs for some of
their products, such as Proctor and Gamble's Tide products,
and Seventh Generation's products, they are not required for
consumer disclosure and manufacturers are not required to
disclose all of the products' ingredients. In addition, not
all SDSs are easy to access and they are not required to be
provided in a standardized format across manufacturers. This
bill would require the ingredients listed on the product label
to be no smaller than 6-point font.
Voluntary Ingredient Disclosures. This bill would require
designated household products and industrial products,
including air care products utilized for freshening or
cleaning; automotive products such as washing or waxing
products (not paint or paint repair products); cleaning
products including soaps, detergents, disinfectants, dishware
wash; and, polish or floor maintenance products, to disclose
to the consumer each ingredient contained in the consumer
products in order of weight, except for those ingredients
under one percent of the total weight of all ingredients. The
weight of each ingredient would not be required to be
disclosed. In addition to labeling the ingredients on the
product, this bill also requires the manufacturer to list the
product ingredients on their website and provide on the label
a website address and a statement directing the consumer to
the website. Currently, a number of household product
manufacturers list a product's ingredient on their website.
As part of a voluntary effort undertaken by industry
representatives, the Consumer Product Ingredient Initiative
provides a voluntary framework for industry members to comply
with voluntary ingredient disclosure. According to the CSPA,
the industry-led initiative will help consumers make more
informed choices about the products they use in and around
their homes. Member companies, working with other industry
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trade organizations, developed the initiative for four product
categories, including: 1) air care, 2) automotive care, 3)
cleaning, and 4) polish and floor maintenance products.
However, the voluntary initiative suggests that participating
groups have the option to provide the ingredient list on the
product label, on the manufacturer's website, by phone, or
some other electronic means. This bill would require that
ingredients are to be posted on both the product label and the
manufacturer's website.
As noted by the author, there are a number of companies who
are complying with the voluntary initiative by making product
ingredient information available to consumers. However, it is
unclear the number of participating companies who comply with
the voluntary initiative as there is no a formal list of
participants. Concerns have been raised with the voluntary
program as it is not consistent amongst companies, because
ingredients may be disclosed over the phone, via a website or
on the product label directly. Further, because it is
voluntary, companies could chose to omit certain ingredients.
Lastly, voluntary ingredient disclosures don't always contain
the product ingredients contained in the various "fragrances"
which are related to a products unique smell. According to
some industry groups, the chemical elements of "fragrances"
are often considered proprietary information or "trade
secrets." This bill attempts to address this issue by
allowing ingredients found in concentrations under one percent
to be listed in any order and not by weight.
Federal Regulations. Federal laws regulate numerous consumer
products. Regulations are done through a diverse array of
federal regulatory entities as products are regulated through
different regulatory mandates. For example, the Fair
Packaging and Labeling Act (FPLA) requires each package of
household consumer commodities that is included under the FPLA
to contain a label which bears a statement identifying the
commodity (like detergent), the name and place of business of
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the manufacturer, packer or distributor, and the net quantity
of contents in terms of weight, measure or numerical count.
The Commission is charged with protecting the public from
unreasonable risks of injury or death associated with the use
of the thousands of types of consumer products under the
agency's jurisdiction. The EPA regulates some of the
pesticides for sale in the U.S., while the Federal Hazardous
Substances Act (Act) requires precautionary labeling on the
immediate container of hazardous household products to help
consumers safely store and use those products and to give them
information about immediate first aid steps to take if an
accident happens. The Act also allows the Commission to ban
certain products that are so dangerous or if the nature of the
hazard is so severe that labeling is not adequate to protect
consumers. As each regulatory agency has a mission with
respect to consumer products, there is no federal mandate that
requires a household consumer product to list all of its
ingredients. The closest requirements may be found under
pesticide regulations, which have stringent reporting
requirements under the EPA.
California Disclosure Requirements. Product information and
labeling requirements are not new to California. The
California Safe Cosmetics Act (CSCA) requires manufacturers,
packers, and distributors of cosmetic products to report to
the Department of Public Health (DPH) all products sold in
California on or after January 1, 2007, which contain
ingredients known or suspected to cause cancer, birth defects,
or other reproductive harm, and makes this information
available to the public. However, only those companies making
one million dollars or more in aggregate sales of those
cosmetic products within and outside of California are
required to report. Subsequently, the California Safe
Cosmetics Program (CSCP) was established to implement the
CSCA.
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Food labeling is also required. Certain label information
such as the responsible firm's name and address and ingredient
declaration is required while other information may be
voluntarily displayed.
Green Chemistry. AB 1879 (Feuer and Huffman), Chapter 559,
Statutes of 2008, established the "Green Chemistry" Law. In
an effort to provide better awareness about the ingredients in
household products, the law authorizes and requires the
Department of Toxic Substances Control (DTSC) to adopt
regulations to establish a process to identify and prioritize
chemicals in consumer products and to establish a process for
evaluating chemicals of concern in consumer products and their
potential alternatives. The objective of Green Chemistry is
to evaluate certain chemicals within consumer products that
are known to be of concern and for DTSC to provide input and
make recommendations for safer alternatives. The Green
Chemistry program does not mandate or specify labeling
requirements for consumer products. This bill does not
require or recommend that manufacturers use alternative
products, but instead disclose the ingredients of the products
on the product label and on the manufacturer's website.
3)Prior Related Legislation. SB 928 (Simitian) of 2010, would
have required manufacturers to disclosure the chemical content
of specified types of cleaning products sold in California.
NOTE: This bill was held in the Assembly Appropriations
Committee.
ARGUMENTS IN SUPPORT:
The Environmental Working Group writes in support, "Unlike food
and cosmetic products, current law does not require
manufacturers to disclose the ingredients in cleaning products
to consumers or workers. While some companies are beginning to
disclose cleaning product ingredients, many chemicals remain
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hidden, particularly those that are found in fragrances.
Consumers who want to make educated purchases are often in the
dark when it comes to how to purchase safe cleaning products.
California's own Department of Public Health has come out with
recommendations for using "green" cleaning products in schools
to help protect children, teachers, and workers. [This bill]
would help everyone discover what is in their cleaning product
so that they can avoid an ingredient that they know is affecting
their health now or in the future."
The Breast Cancer Fund writes in support, "Current law does not
require manufacturers to disclose the ingredients in cleaning
products to consumers or workers. While some companies are
beginning to disclose cleaning product ingredients, many
chemicals remain hidden, particularly those that are found in
fragrances. Consumers who want to make educated purchases are
often in the dark when it comes to how to purchase safe cleaning
products."
The Service Employees International Union writes in support,
"[This bill will give workers the information they need to be
aware of the risks and dangers associated with handling the
dangerous ingredients in cleaning products."
The California Teamsters Public Affairs Council writes in
support, "The Teamsters support this measure because many of our
members are exposed to cleaning products every day at the
worksite. Despite the evidence that chemical exposure is a
serious hazard to the health and safety of workers, the law does
not require manufacturers to disclose the ingredients of
cleaning products on the label."
ARGUMENTS IN OPPOSITION:
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The California Chamber of Commerce , Alliance of Automobile
Manufacturers , Association of Home Appliance Manufacturers ,
American Chemistry Council , American Coatings Association ,
California Paint Council , California Pool & Spa Association ,
California Manufacturers & Technology Association , California
Retailers Association , Chemical Industry Council of California ,
National Federation of Independent Businesses , Pharmaceutical
Researchers and Manufacturers of America (PhRMA ), and SPI: The
Plastics Industry Trade Association write in opposition, "One of
the most troubling aspects of [this bill] is that it fails to
provide protection of confidential business information (CBI).
The promise of safer consumer products depends utterly on the
protection of CBI."
The International Fragrance Association, North America , is
opposed unless amended and writes, "IFRA North America's chief
concern with [this bill] is its lack of protections for
intellectual property. Protection of intellectual property is
critical to the success of industries highly invested in
research and development and is recognized and protected under
several federal and state statutes and programs such as the
Federal, Food Drug and Cosmetic Act, [EPA's] Safer Choice
Program and the [CSCA]."
POLICY ISSUES FOR CONSIDERATION:
The CSCP mandates the DPH to collect information on hazardous
and potentially hazardous ingredients in cosmetic products sold
in California and make the information available to the public
in a manner that will allow consumers to check those product
ingredients against a list of harmful ingredients listed on the
DPH's website. This bill, as currently written, does not
provide a similar mechanism which would allow a consumer to be
able to compare chemical ingredients against a known list of
harmful chemical ingredients. The author may wish to consider
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adding a provision to this bill that would provide consumers
with the appropriate resources to understand chemical
ingredients by, for example, including a reference to a
repository of easily accessible information where consumers can
find out about household product chemicals which may or may not
be of concern.
This bill would also require that ingredients must be disclosed
on the product label along with a link to the manufacturer's
website and a statement directing consumers to the website. As
noted earlier, this bill requires all ingredients to be listed,
no matter what percent or fraction of a percent an ingredient
might represent relative to the entire weight of ingredients.
In the event that an ingredient list may be extremely long, the
author may wish to consider providing an exemption for
ingredient labels on products (but not on the website) when an
ingredient list is over a certain amount of ingredients which
may impede a consumer's ability to read the list of ingredients.
In addition, this bill requires the product labels to be in a
type size no less than six-point. The author may wish to
explain the need to dictate the font size for labels as its
creating a standardized format for portions of the label but not
all.
As written, this bill would require manufacturers to comply with
the product labeling requirement by July 1, 2016. This would
allow manufacturer's approximately six months or less to
possibly repackage many products. In order to provide industry
with an appropriate amount of time to comply with the
requirements of this bill and ensure products are properly
labeled, the author may wish to consider a phase-in approach
such as beginning July 1, 2016, but no later than December 31,
2016.
REGISTERED SUPPORT:
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Environmental Working Group (sponsor)
Breast Cancer Fund (sponsor)
Alameda County Department of Environmental Health
Alliance of Nurses for Healthy Environments
American Lung Association in California
Ava Anderson
Black Women for Wellness
BlueGreen Alliance
Breast Cancer Action
California Conference of the Amalgamated Transit Union
California Conference of Machinists
California Healthy Nail Salon Collaborative
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California Labor Federation
California League of Conservation Voters
California School Employees Association
California Teamsters Public Affairs Council
Californians for a Healthy and Green Economy
CALPIRG
Center for Environmental Health
Clean Water Action
Coalition for Clean Air
Communication Workers of America, District 9
Consumer Federation of California
Dolores Street Community Services
Earth Mama & Angel Baby Organics
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Engineers and Scientists of California
Instituto de Educacion Popular del Sur de California
International Longshore & Warehouse Union
Molly's Suds
Mujeres Unidas y Activas
National Council for Occupational Safety and Health
Natural Resources Defense Council
Pesticide Action Network, North America
Physicians for Social Responsibility, Los Angeles
Planet Inc.
Professional and Technical Engineers
Regional Asthma Management and Prevention
San Francisco Bay Area Physicians for Social Responsibility
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San Francisco Day Labor Program and Women's Collective
SEIU California
Seventh Generation
Shecology
Sierra Club California
Silent Spring Institute
The Honest Company
The Keep a Breast Foundation
Thrive Market
Teens Turning Green
United Steel Workers, District 12
UNITE-HERE, AFL-CIO
Utility Workers Union of America
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Women's Voices for the Earth
Worksafe
Two individuals
REGISTERED OPPOSITION:
Alliance of Automobile Manufacturers
American Chemistry Council
American Coatings Association
Association of Home Appliance Manufacturers
California Chamber of Commerce
California Manufacturers & Technology Association
California Paint Council
California Pool & Spa Association
California Retailers Association
Chemical Industry Council of California
National Federation of Independent Businesses
Pharmaceutical Researchers and Manufacturers of America (PhRMA)
Specialty Equipment Market Association
SPI: The Plastics Industry Trade Association
The American Cleaning Institute
Southwest California Legislative Council
Consumer Specialty Products Association (oppose unless amended)
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International Fragrance Association, North America (oppose
unless amended)
Two individuals
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301