New York Ramping Up Oversight of Chemical Substances in Consumer Products

The Department of Environmental Conservation (“DEC”) has promulgated regulations for the Household Cleansing Products Disclosure Program (“Program”), which requires manufacturers of cleansing products to disclose, on their websites, the ingredients of their products sold and any research and investigations on the ingredients’ effects on human health and the environment. New York State regulations will be effective starting October 2, 2019.

New York State legislators are also currently considering the Child Safe Products Act (“Act”), which would require manufacturers of children’s products that contain a “dangerous chemical” (“DC”) or “chemical of concern” (“CoC”) to disclose such products and the chemicals they contain to DEC, based on a list of DCs and CoCs promulgated by DEC. If signed into law as drafted, the Act would become effective as of March 1, 2020. While these initiatives have the intended purpose of increasing consumer awareness, the regulations may impose significant costs on those doing business in New York State.

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