Last week in the California Assembly, the Consumer Right to Know Act (Senate Bill 928), was held in the Appropriations Committee, effectively killing it for the year. The bill would have resulted in an even worse business climate as it would have required companies to disclose intellectual property, such as product formulations. While our organization supports sharing more information about the ingredients in our products, sharing information is very different than disclosing a company’s intellectual property.

The bill in California would have been a virtual guarantee that intellectual property would be available to foreign and domestic competitors. Out the window would go a company’s incentive to invest the millions they do in research and development to help bring safe and innovative products to the marketplace.  And, innovation is the cornerstone for jobs creation and retention in the United States.

The California bill is effectively dead for the year. So, why am I writing about it? Well, sharing with consumers more information about the ingredients in our products is something we support and is an issue that is not going away. In fact, two related bills were introduced in Congress this year. Neither bill is likely to move this year, but like the California bill the federal proposals fail to strike the appropriate balance between transparency and the critical need to protect proprietary product information.

We propose that a legislative or regulatory approach to “right-to-know” could build upon our industry’s voluntary consumer product ingredient communication initiative that became effective the first of this year. In fact, in 2009 we had been working with large non-governmental organizations (NGOs) to expand the program in an effort to reach agreement on and support such reasonable legislation in California and at the federal level. Despite that our member companies compromised on many issues through our work with the NGOs in California, the stakeholders were unable to reach agreement on a  bill.

What our industry put on the table, however, would have been one of the most far-reaching right-to-know mandates required of any industry in the world. We are committed to sharing more information about the ingredients in our products and reaching agreement on this issue, but we will continue to draw the line if our proprietary information is at risk. We also think that the American people would agree with us that companies need the incentive to innovate and retain and help create jobs in the United States. Our ultimate goal is finding that balance of protecting intellectual property and being transparent.

We look forward to our ongoing work on this important issue and hope we do not miss another opportunity in 2011.

Chris Cathcart, CSPA President

As we have successfully done on many important public policy issues in the past, we have reached out to discuss our positions surrounding TSCA with other stakeholders, including many in the environmental community. We have sought to better understand their concerns and priorities for TSCA implementation and, we believe, have found areas of common ground where we can and do agree. Productive discussions such as these require open minds, trust and mutual respect.  We have approached these discussions with that in mind. 

Yet, our companies continue to find themselves on the receiving end of harsh criticism from these very groups.  Most recently, a cartoon video released by the Safer Chemicals Healthy Families coalition, in effect, asserts that industry participation in TSCA modernization is disingenuous and deceitful.  It would seem to further conclude that companies who are regulated under TSCA—and the hundreds of thousands of workers across America who are employed by them—are dishonest in the research, development, manufacture and sale of the products they make.  It is an insult to our companies and our workforce and something that we cannot ignore. 

We need to dedicate our creativity and energy into an honest effort to address the health and safety of chemicals in commerce—and not waste it on cartoons that mock industry efforts to communicate our concerns to Congress and the public.  Taking cheap shots at industry isn’t going to help the process along but rather further divide the stakeholders and strain the dialogue. And that’s not good for anyone.

Chris Cathcart, CSPA President

No other industry is required to disclose its unique proprietary information to the public, and our industry should be no different. While we support sharing with the public more information about the ingredients in our products, this bill must include proper protections for confidential business information, which is the heart of innovation, competition and jobs creation in the U.S.

We propose that a legislative or regulatory approach to “right-to-know” could build upon a voluntary consumer product ingredient communication initiative that became effective the first of this year. In fact, we have for the past year been working to expand the program in an effort to reach agreement on the California bill and others that have been introduced at the federal level. We have come a long way in our negotiations and have arrived at what could be the most comprehensive right-to-know package anywhere in the world.

While we will continue to work with all stakeholders on this issue, we cannot agree to give away our product formulations. Our companies invest heavily in research and development to bring products to the marketplace, and those efforts need protections to assure companies their research and development investments cannot be stolen by domestic or foreign competitors. Without those protections, there is no incentive for innovation, which is essential to the development of safe and more sustainable products and jobs creation and retention in the United States.

Chris Cathcart, CSPA President

The happy distraction of kids and the need for careful food preparation require a delicate balancing act. Be alert for potential hazards when grilling and use products that help you breeze through your tasks. For example, use an aerosol non-stick cooking spray before you start the grill to keep food from sticking and ease clean-up later on. Remember the following when using aerosol non-stick cooking spray:

• Never spray on a hot grill
• Never spray over live coals or embers.
• Also, and very important: never set an aerosol can down on or close to hot surfaces. Aerosols are pressurized products and, therefore, as stated on the product label, they should be used and stored away from direct heat.

Learn more about aerosol products at www.AboutAerosols.com.

• Area repellents in the form of lamps and lanterns, coils, foggers and candles help to keep the bugs off and create a zone of comfort outdoors.
• A variety of insecticides are also available to ward off other crawling and flying pests such as gnats, wasps and hornets, ants, ticks and many other lawn and garden insects.

Learn more about health risks from insects at www.AboutBugs.com.

Prevent mosquitoes from breeding:

• Empty buckets, cans, and other containers to prevent water from collecting.
• Cover wading pools and drain off any water that collects on pool covers.
• Clean and chlorinate swimming pools, outdoor saunas, and hot tubs.
• Change water in bird baths every three days.
• Clear roof gutters and ensure proper drainage.

And mind those pesky mosquitoes!  No matter what’s on your summer menu, mosquitoes have one favorite food – a blood meal from you.  Prevent mosquito bites by applying an EPA-registered insect repellent containing DEET, picaradin, IR3535 or oil of lemon eucalyptus. 

Choose the correct product that suits your activity: 

If you plan to be outdoors for more than three hours, especially under conditions that cause heavy mosquito population (lots of shrubbery, after a rain, by the lake), look for a repellent containing more than 20% DEET.

• For shorter periods, repellents containing less than 20% DEET, the repellent currently available with 7% picaridin, IR3535 or one of the products containing oil of lemon eucalyptus may provide adequate protection.
• Even if you’re going out for only 10 minutes, use a repellent – that’s long enough to get bitten!

Remember to read the product label carefully and follow label directions.  Adults should always apply repellent on young children, avoiding their hands and around their mouths.

As an extra precaution against ticks, wear shoes, socks, long pants, and a long-sleeve shirt when outdoors.  Ticks are not just found in the woods; they are closer to home than you might think, especially if they hitched a ride on your pets.  Learn more about repellent protection with DEET at www.DEETONLINE.org.

While we can be successful in some of these attempts to rid the web of irresponsible information, we believe parents are the key in helping to educate their children about the dangers of improper product use.  Through our affiliate the Alliance for Consumer Education (ACE), we educate parents on the issue of inhalant abuse another form of product misuse that can be deadly. Some of the key messages we apply to this issue can be applied to any sort of improper product use—and that could be any product available in the marketplace, not just those we represent.

Through ACE, we urge parents to talk to their children about the dangers of improper product use and question their children if they find or are aware of, for instance, empty aerosol cans in bedrooms or purchasing aerosols in large quantities.

Product misuse is nothing new, and neither is talking with children about it. But with irresponsible information only a “click” away, it is critical that parents be proactive and talk with their children about the negative and potentially deadly consequences.

Chris Cathcart, CSPA President and ACE Secretary

As you go through this list, you’ll realize that at least one or several of the products discussed here are already part of your daily routine.  You just haven’t given it much thought.  On this Earth Day, you’ll learn how to appreciate these products a little bit more. 

AEROSOL PRODUCTS 

• Seasonal allergens are at an all-time high, especially in areas that experienced heavy snowfall last winter.  Asthma and allergy sufferers rely on asthma inhalers to relieve wheezing and ease breathing.  Thanks to aerosol technology, the asthma inhaler instantly delivers the correct dose of medication directly to the lungs of stricken patients. 
• Aerosols are hermetically sealed and provide a sanitary delivery system for medications requiring a “no touch” method, especially for burns, lacerations and other wounds.  
• The sealed aerosol package protects contents against contamination, gives the product a long shelf life, and prevents spillage and evaporation. The product concentration in an aerosol remains stable over time, assuring consistently effective results.     
• By design, aerosol products provide a pre-measured amount of the product needed, thus reducing waste. 
• Aerosol cans are made of 25% recycled material and are recyclable.  If the 3.5 billion+ aerosol products sold annually were recycled, enough steel would be produced for 160,000 automobiles. 
• As of 2009, 5,300 communities have included empty aerosol cans in their recycling programs and 139 million Americans have participated in those efforts. 
• Aerosol spray products do not contain chlorofluorocarbons (CFCs) that deplete the stratospheric ozone layer which shields Earth from harmful ultraviolet rays.  The aerosol industry voluntarily began removing CFCs from aerosol products in the mid-1970s, well before the U.S. Environmental Protection Agency (EPA) banned them in 1978.

 ANTIMICROBIAL PRODUCTS 

• The use of antimicrobial products in the home prevents the spread of germs that cause illness.  Especially during flu season, or when a member of the household is sick, disinfectants play a key role in controlling microorganisms in homes to guard others from contamination. 
• The Centers for Disease Control and Prevention recognizes the role that antimicrobial products play in public health and recommends their use in disease prevention. 
• Antimicrobial products offer the first line of defense against health threats that could affect entire communities and large populations especially in the wake of natural disasters such as hurricanes and floods. 
• Antimicrobial products are critical to the integrity of our food supply.  Disinfectants and sanitizers play a key role in controlling microorganisms in restaurants and food processing operations. 
• Antimicrobials are an essential part of a hygiene program for schools and daycare centers.   
• Antimicrobials are registered by the EPA and the agency ensures that antimicrobial products are labeled appropriately as to their intended use and other helpful information. 
• Antimicrobial products are formulated to be effective throughout their shelf life.  Makers of EPA-registered antimicrobial products have data to demonstrate that the products meet EPA standards for efficacy. 

CLEANING PRODUCTS 

• Regular use of commercially formulated household cleaning products can effectively minimize common allergy triggers such as dust mites, mold spores, pet dander and tobacco smoke.  Reducing common allergens in the home helps to keep the indoor environment healthy for everyone, especially for those already vulnerable to seasonal allergies. 
• Know the difference between a cleaner and a disinfectant.  A cleaner breaks down soil (dirt or food stains for example), separates it from a surface, and safely washes it away.  A disinfectant eliminates and deters the growth of germs that cause disease. 
• Know the difference between a disinfectant and a deodorizer.  A disinfectant destroys surface bacteria and fungi, often the source of pungent odors.  Used regularly, disinfectants also control mold, mildew and viruses.  Deodorizers prevent formation of or mask offensive odors but do not kill bacteria.  
• Household bleach answers many cleaning needs.  As with all products, bleach should be used according to label directions, including the appropriate amounts to mix with water.  Important caution: chlorine bleach should never be mixed with ammonia; blended together they produce highly toxic chloramine gas, which can make you sick. 
• Mixing bleach with strong acids, such as toilet bowl cleaners or rust removers, also can liberate chlorine gas that can be harmful.

 COMMERCIAL CLEANERS WIN HANDS-DOWN OVER HOMEMADE “ALTERNATIVES”  

• Commercially formulated consumer products go through rigorous tests and must meet the government’s high standards for safety.  By contrast, home-brewed mixtures have no manufacturer to hold accountable to the same safety requirements.  
• Consumer product formulations are tested to assure they are compatible with materials on which they are applied and are safe for the environment during use and disposal.  Untested home formulations may produce unintended consequences, such as damage to surfaces, and their effect on the environment is unknown. 
• Tests conducted on commercial products assure that ingredients remain stable throughout the product’s shelf life.  By contrast, homemade concoctions may not be stable for storage and could grow toxic microorganisms.  
• Commercial products are carefully evaluated for effectiveness in all their recommended uses.  By contrast, self-mixed formulations are not evaluated for efficacy and seldom are as effective, and often produce inferior results. 
• Commercially formulated consumer products include carefully prepared precautionary labeling and directions for proper use.  Alternative mixtures are not professionally labeled and do not provide the same important information about safe use according to manufacturer’s directions.  
• Consumer products have first aid and medical treatment information that is referenced in poison control centers’ product information system, and thus accessible to emergency personnel in the event of a consumer’s unintentional overexposure to a product.  This is not the case with unlabeled home mixtures, for which proper treatment cannot be administered in an emergency. 
• Child-resistant closures are placed on commercial products that pose an unintentional exposure hazard to young children.  By contrast, containers for home recipes, randomly chosen, may not be secure from children or pets.

 GREEN CLEANING SHOULD START WITH GREEN THINKING  

• True green thinking means selecting cleaning products that work effectively and are good for the environment.  A product that does not work well will be thrown away and add to the waste load of already overburdened landfills.  So: if your cleaner is not effective, it’s not green. 
• True green thinking should consider safe use.  Mixing up recipes to produce your own cleaners is not safe, and definitely not green.  
• True green thinking should look beyond the pretty leaf or flower imprinted on a package.  Think of what it truly means to be green: does it mean safe for people, animals and the environment?  There’s so much more to green than just a catchy marketing trend. 

PEST MANAGEMENT PRODUCTS 

• Warmer weather brings out the bugs.  Pest management products help eliminate pest infestations in and around homes and help create safer and healthier environments for families; many pests can carry harmful diseases or deliver a nasty sting. 
• When outdoors, always wear mosquito repellents containing DEET, They are the most effective products to help protect against mosquitoes carrying West Nile Virus and ticks carrying Lyme disease.

 OTHER PRODUCTS

•  Pedestrians have benefited for decades from the slip-resistance standard ASTM D-2047, originally promulgated by the Chemical Specialty Manufactures Association, now CSPA, in 1970.  Through this standard, the polishes and floor maintenance industry makes walkways less hazardous for pedestrians. 
• Proper maintenance of flooring with floor polish serves to extend the life of the flooring and minimize the costs and environmental impact of replacing the flooring. 
• Many air care products prevent formation of or encapsulate molecules that cause odors and neutralize them.  Air care products work well on surfaces such as furniture, carpeting, draperies and others where odor-causing molecules can be trapped. 
• Antifreeze/coolant is a year-round essential.  It protects your automobile’s cooling system from freeze damage in the winter and prevents overheating in the summer. Antifreeze/coolant also protects your vehicle’s engine from rust and corrosion.  While essential for all engines, this additional protection is vital to four-cylinder cars, especially during hot weather or in very warm climates. 
• Check the owner’s manual for the correct level of ethylene glycol-based antifreeze for your vehicle’s radiator so that it can achieve its designed cooling capacity.  This is especially important if you plan to tow a trailer, boat, camping or other outdoor equipment during road trips. 
• Proper maintenance of your car, assisted by numerous automotive maintenance and appearance products, can help minimize emissions, maximize fuel efficiency, and lower your driving environmental footprint.  

  ALWAYS READ THE PRODUCT LABEL

• The product label provides valuable information about the contents and directions for using, storing and disposing of the product properly.  Often, there is an 800 number for questions or emergency information. The label also helps you choose the right product for your needs. 
• The label always reminds consumers to use the product according to directions and only for the purpose intended by the manufacturer. 
• Many young people misuse products by deliberately inhaling them to get high.  This is a dangerous practice that can be addictive, or even kill a first-timer who does it out of curiosity.  Learn more to prevent inhalant abuse at www.inhalant.org.

FAMILIAR CONSUMER PRODUCTS – THEY’RE ALL AROUND YOUR HOME

 Useful web sites:

• www.cspa.org/infocenter
• www.aboutaerosols.com
• www.aboutaircare.com
• www.aboutbugs.com
• www.aboutcleaningproducts.com.
• www.aboutgerms.com
• www.aerosolproducts.org
• www.deetonline.org
• www.ecoaerosols.com
• www.inhalant.org
• www.stopgerms.org.

Consumers should beware, however, when following directions for “making your own disinfectant*.” These “home brews” have no scientific data showing that they can disinfect, despite the enormous amount of information online that would lead you to believe otherwise. For instance, we often see “recipes” for homemade “disinfecting” solutions that consist of water and white vinegar.  These water and white vinegar solutions have not been shown to meet the requirements established for disinfectants to kill H1N1 or other harmful viruses or bacteria that cause disease. By law, only products shown to meet these disinfectant requirements and registered by the U.S. Environmental Protection Agency (EPA) can make disinfectant claims. To suggest that consumers can make their own “disinfecting” spray from a water and vinegar mixture, is both inappropriate and misleading.

Many consumers realize the health risks associated with viruses and bacteria and take precautions to protect their families by disinfecting surfaces. To truly disinfect a surface, consumers should use  an EPA-registered product.  More information can be found at www.aboutantimicrobials.com.

Consumers should have available to them a variety of options for all types of cleaning.  For some practical advice about cleaning and cleaning products, visit www.aboutcleaningproducts.com. And, remember, always read and follow directions on product labels and be cautious about home-brewed cleaners. 

*Disinfectants or antimicrobials are regulated by the U.S. Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which provides the basis for regulation, sale, distribution and use of disinfectants in the U.S. and authorizes the EPA to review and register disinfectants for the specified use (such as killing H1N1) for which a registrant (a company) applies.  Before registering a disinfectant product, EPA requires extensive scientific studies and tests from applicants (companies).  When EPA registers a disinfectant product, it approves the product’s label, which includes (among other things) directions for use, claims for efficacy against germs (microbes), hazard warnings, and precautions.

Brigid Klein, Antimicrobial Products Division Staff Executive

But the issue is not just about cost. Thousands of consumers use foggers to control insect infestations in homes that can lead to health problems. These products provide important public health benefits.

So why did the City want these products out of the hands of consumers? According to their petition dated March 12, 2009, the City summarized the findings from its pesticide surveillance efforts regarding human exposure that “make clear why insecticidal foggers should be restricted to professional use” and why such a decision would provide a “significant immediate and long-term benefit for the health and safety of the public.”

But the EPA disagreed and stated that “the weight of evidence does not show that the products, when applied in accordance with their directions for use…may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment.” Data on adverse incidents reported did not support removing the products from the hands of consumers.

And, our data revealed that more than six million foggers sold throughout the state from 2005 through 2008 were used safely by consumers. Less than 0.01 percent reported any adverse effects from using the products. Similar to the finding in a report by the Centers for Disease Control published in fall of 2008, our data on adverse effects shows they were often associated with improper use.

The current regulatory requirements for these products under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)* assures that the most meaningful information for consumers is included on the product label, including instruction on proper use, storage and disposal.

Meanwhile, the EPA is recommending to manufacturers of these pesticide products that some changes should be made to the product labels to help better inform consumers about proper product use. Our industry is working with the EPA on this matter and is willing to make reasonable changes to our product labels that will further encourage proper product use.

We believe it is in the best interest of consumers to have these products readily available in order to help control insect infestations that could harm families.

*FIFRA provides the basis for regulation, sale, distribution and use of pesticides in the U.S and authorizes the U.S. Environmental Protection Agency to review and register pesticides for the specified use for which a registrant applies.  Before registering a new pesticide or new use for a registered pesticide, EPA must first ensure that the pesticide, when used according to label directions, can be used without posing unreasonable risk to human health and the environment. To make such determinations, EPA requires extensive scientific studies and tests from applicants.  When EPA registers a pesticide, it approves the product’s label, which includes (among other things) directions for use, hazard warnings, and precautions.  It is a violation of FIFRA for any person to use a pesticide in a manner inconsistent with its EPA-approved labeling.

Beth Law, Assistant General Counsel and Vice President for International Affairs

But take note of this friendly reminder: make it a habit of reading the package label on the products you buy for spring cleaning chores.  While packaging is designed for shelf appeal, the label is more than just a decorative feature.  It contains vital information.

The label helps you to select the right cleaning product for the task you want to accomplish.  Just as important, the label gives directions on the proper use, storage and disposal of a product.  And many labels warn against mixing products together.

Some consumers think they can improve upon commercially manufactured products by mixing their own solutions.  This is not a good idea.  Unexpected dangers lurk for people who take this approach.  Unless you are a chemist, you would not be familiar with the way chemicals react when mixed together.  For example, chlorine bleach and ammonia, used separately, are useful products – but when mixed together, they produce lethal vapors that can make you sick.

Also, the containers you use to put your homemade mixtures may have residue from an unknown substance – another hidden danger.  Do not transfer products from their original containers.  In the event of accidental ingestion by a child or a pet, you would not be able to give useful information to a poison control expert who will want to guide you through the instructions that are available on commercially prepared packaging.

So make friends with the product label and follow what it tells you.  Avoid the kitchen chemistry route.  All you need to know about what product to use for the job, how to use the product safely, store it properly and dispose of it after you’ve used it up – all these directions are on the package label.  Household products are made with all your cleaning needs in mind so that you can use them with confidence no matter what season of the year.