New York Proposes “Right-to-Know” Law

January 31, 2019

New York Governor Andrew Cuomo (D) has announced a proposed Consumer Right-to-Know law, which would extend the State’s existing Household Cleansing Product Information Disclosure Program (HCPIDP) to cover all cleaning products sold in New York State. Additionally, the proposed law would allow New York regulatory authorities to promulgate regulations requiring the on-package labeling of over 1,000 chemicals and identify which consumer goods are subject to the future labeling requirements.

The HCPIDP requires manufacturers to make product ingredient information available on the manufacturer’s websites in a manner that is “obvious, noticeable, and readily accessible to the public.” Enforcement of the HCPIDP was delayed until October 1, 2019. Notably, the HCPIDP provides less time to comply with the program’s requirements compared to similar legislation, such as California’s Cleaning Product Right to Know Act of 2017, which requires ingredient information be posted on-line by January 1, 2020, and on labels by January 2021.

Both the Household & Commercial Products Association and the American Cleaning Institute challenged the HCPIDP in court on October 5, 2018, alleging that the State exceeded its authority in requiring ingredient information be posted on-line. Cuomo’s proposed law would likely moot this issue by granting New York agencies express authority to regulate chemicals and labels.