Because the New York Program, unlike the California law, was not widely vetted among cleaning product manufacturers before it was issued, ACI and the Household and Commercial Products Association (HCPA) decided to challenge the program by filing a lawsuit to try and stop it. 

According to a joint statement issued by HCPA and ACI, their lawsuit alleges NYDEC violated important administrative procedures and that its refusal to work with the industry has created an “unworkable and impractical” policy that should be retracted so that a consistent national model for ingredient communication can be implemented instead. 

The joint statement also reveals the frustration of New York cleaning manufacturers: “For more than two years, manufacturers came to the table in New York with clear and reasonable concerns and a readiness to collaborate to arrive at a reasonable and sound policy solution. … [Lack of cooperation] has created a situation where, as the voices of the cleaning, household and commercial product supply chain, ACI and HCPA have no recourse other than to file a lawsuit in opposition to this infeasible program.” 

“Overall, we support policies that provide meaningful information for consumers and commercial businesses, but the New York regulation does not do that,” says Sansoni. “In California, at least the companies were at the table. The law is more workable, and the timeline is longer.”

Filing the lawsuit was a last resort measure. While it moves through the New York courts, the state has announced it will not enforce those provisions of the Disclosure Program that become effective on July 1 until Oct. 1, 2019. 

“Meanwhile, manufacturers are getting ready to deal with the law; they can’t sit on their hands because of the lawsuit,” says Sansoni. 


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