Court Finds NY Household Cleansing Product Information Disclosure Program Is Null and Void, Directs NYSDEC to Comply with SAPA

On August 27, 2019, the Supreme Court of the State of New York issued its decision in a challenge to New York’s (NY) Household Cleansing Product Information Disclosure Program (Disclosure Program) brought by the Household and Commercial Cleaning Products Association (HCPA) and American Cleaning Institute (ACI).  As reported in our June 8, 2018, blog item, the Disclosure Program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients and identify any ingredients that appear on authoritative lists of chemicals of concern on their websites.  According to the Disclosure Program Certification Form and Program Policy, for each ingredient that is a nanoscale material, a term describing the nanoscale material should be disclosed.  HCPA and ACI filed suit against the New York State Department of Environmental Conservation (NYSDEC) in October 2018, arguing that the Disclosure Program is a rule rather than a guideline and was established in violation of the State Administrative Procedure Act (SAPA).  In its decision, the court found that the Disclosure Program is “null and void” and remitted the matter back to NYSDEC with the directive to comply with SAPA.  More information on the court’s decision is available in our August 30, 2019, memorandum, “NY Department of Environmental Conservation Household Cleansing Product Information Disclosure Program Ruled ‘Null and Void.’”