Cleaning industry’s “DARK Act” may threaten Americans’ right to transparency on toxic chemicals

23 Oct 2023 --- A controversial bill introduced in Congress last week on behalf of leading household cleaning product manufacturers has raised concerns that it may deny US citizens the right to know about toxic chemicals in their cleaning products, flags the Environmental Working Group (EWG).

According to the nonprofit, the H.R.5978 bill seeks to preempt SB258, a state law established by California legislators in 2017, which mandates the disclosure of hazardous chemicals in popular household cleaning products.

During that time, manufacturers committed not to seek preemption of California’s law. In return, the NGOs agreed not to pursue stronger legislation in other states. However, by supporting H.R.5978, some companies are breaking their earlier promise, flags EWG.

In approval of the H.R.5978 bill, hygiene consumer provider Reckitt and manufacturer of household products SC Johnson expressed support via statements of praise and efforts toward “ingredient transparency.” However, EWG believes that the H.R.5978 bill will actually prevent transparency.

Taking a similar stance as the nonprofit, home care product supplier The Clorox Company said it “cannot support” H.R.5978 as it “does not align to the principles and standards outlined in California’s SB258.” Additionally, Henkel openly stated it “cannot support H.R.5978 for several reasons.”

This development has left consumer advocates and environmental groups questioning the intentions of certain industry giants and the impact on public health.In approval of the introduced bill, hygiene consumer provider Reckitt and manufacturer of household products SC Johnson expressed support.

“If household cleaning companies will not honor their word, why should they be trusted to make products that are safe for use in our homes,” questions Scott Faber, EWG’s SVP of government affairs.

“What do they have to hide? EWG applauds Clorox and Henkel for honoring their commitment to give consumers the right to know what’s in their products.”

H.R.5978, introduced in Congress by Rep. Bucshon, Larry, is called “To amend the Fair Packaging and Labeling Act to establish a Federal standard relating to ingredient disclosure in cleaning products and for other purposes.”

Push for secrecy
The EWG thinks the bill is a direct challenge to the California state law that has been in effect since 2022. It also shares that H.R.5978 is referred to by consumer advocates as the “Deny Americans the Right to Know” or DARK Act.

“Americans have the right to know about toxic chemicals in household cleaning products,” Faber adds.

Household cleaning product manufacturers, including SC Johnson, Clorox, Henkel, Procter & Gamble and Reckitt, had previously collaborated with environmental groups to support the SB258 legislation.

However, by endorsing the new bill, some of these companies, through their trade association, have reneged on their earlier agreement. While Clorox and Henkel have taken a stand against the new bill, upholding their commitment to consumer transparency, other companies are willing to embrace a “clear federal standard.”

“Clorox was the first consumer packaged goods company to voluntarily disclose ingredients in our US and Canadian retail and professional cleaning, disinfecting and laundry products, and has been a key contributor in the development of Smart Label,” states the company.

Further, Henkel expresses disapproval that “the legislative process did not include stakeholder engagement with industry trade associations and NGOs, which it views as a crucial step in the legislative process.”

“We are concerned that this bill would preempt the existing cleaning ingredient disclosure law, California’s Clean Product Right to Know Act of 2017 (SB258), a rigorous standard which we are upholding nationally. We believe a new national standard that could weaken the already effective requirements for manufacturers to provide ingredient disclosures is not in the best interests of consumers.”The Clorox Company and Henkel state they “cannot support” the H.R.5978 bill.

Implications for public health
Household cleaning products can harbor numerous toxic chemicals, contributing significantly to indoor air pollution, as studies have highlighted.

“While green cleaners are available, many legacy brands continue to use chemicals linked to serious health harms, including cancer,” Faber says. “Rather than reformulate their products to end the use of chemicals linked to cancer, these brands are fighting your right to know about their presence in products.”

Recent research conducted by EWG found that everyday cleaning products contain hundreds of volatile organic compounds, some of which have been linked to cancer and various health issues. Another study pointed to the increased risk of childhood asthma associated with the frequent use of cleaning products, highlights EWG.

Consumer advocates, led by the EWG, are vocal about their concerns, emphasizing that Americans have a right to know what toxic chemicals are present in household cleaning products, and manufacturing companies have a responsibility to be transparent, allowing consumers to make informed choices.

The outcome of this bill’s journey through Congress remains uncertain, but its potential impact on public health and consumer rights is undeniable.

By Venya Patel

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