Court Nullifies New York Disclosure Program Ruling declares initiative didn't follow state rulemaking procedures

摘要

IN A significant victory for industry,on August 27,2019,the State of New York Supreme Court invalidated the New York Department of Environmental Conservation(NYDEC)Household Cleansing Product Information Disclosure Program.The program is an example of the newest trend in state”information disclosure”programs intended to force product manufacturers to disclose the ingredients in products sold to consumers.This article discusses the program and explains why the court rescinded it.On June 6,2018,NYDEC released in final its disclosure program,containing the Household Cleansing Product Information Disclosure Program Certification Form and Program Policy.The disclosure program as issued required manufacturers of cleaning products sold in New York to disclose chemical ingredients and to identify any ingredients that appear on specified authoritative lists of chemicals of concern on their websites.New York stated when it issued the program that it”will be the first state in the nation to require such disclosure and the State's program goes beyond initiatives in other states by requiring the robust disclosure of byproducts and contaminants,as well as chemicals with the potential to trigger asthma in adults and children.”NYDEC posted the program components and a response to comments at the time.