Mike Rogge

No Trade Secret Protection

By Mike Rogge

Capitol Update, March 27, 2015 Share this on FacebookTweet thisEmail this to a friend

During the last week of bill introduction, Assembly Member Reginald Jones-Sawyer (D-Los Angeles) released AB 708 – Consumer Products: contents information. Commencing July 1, 2016, this bill would prohibit the manufacture, sale at the wholesale or retail level, or distribution of designated consumer products unless the manufacturer (1) discloses each ingredient contained in the product by posting that information on the product label and on the manufacturer’s internet website, and (2) provides the website and page address on the product label, along with a prescribed statement. Each ingredient is to be listed in order of the weight, as measured by the ingredient’s percentage weight of the total weight of all ingredients in the product.

On the manufacturer’s internet website, the ingredient must be identified by the Chemical Abstract Service (CAS) number identified and either the Consumer Specialty Products Association (CSPA) Consumer Product Ingredients Dictionary name, if and when the dictionary is made accessible to the public, or the International Nomenclature Ingredient (INCI) name. If there is not a CSPA dictionary name or INCI, then the ingredients must be identified by the CAS and International Union of Pure and Applied Chemistry (IUPAC) name. If there is no CSPA dictionary name, INCI name or IUPAC name then the ingredient must be identified by the CAS number and the common chemical name.  The manufacturer must also identify the nomenclature reference used for ingredient identification.  In addition, the purpose that each ingredient is included in the designated consumer product must be explained.

This bill is aimed at formulated consumer products manufactured from chemicals or compounds used by household, institutional, commercial or industrial consumers without further processing. Designated consumer products are spelled out as air care products, automotive products, cleaning products, and polish or floor maintenance products.

There are no provisions in the bill to protect confidential business information. Hence, AB 708 has been identified by CMTA as a top priority to oppose this session.

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