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NEW YORK, New York, February 20, 2009 (ENS) – A coalition of state and national groups is dragging the makers of some of the nation’s best known brands of cleaners into a New York court, seeking disclosure of the chemical ingredients in their products and the health risks they pose.

Filed in State Supreme Court, this first case of its kind could have national implications. Independent studies into chemicals contained in cleaning products have found health effects ranging from asthma and allergies to hormone disruption.

But ingredient disclosure requirements are virtually non-existent in the United States – with one exception.

A forgotten New York state law requires household and commercial cleaner companies selling their products in New York to file semi-annual reports with the state listing the chemicals contained in their products and describing any company research on these chemicals’ health and environmental effects. But since the 1976 law was passed, companies have not filed a single report.

In the fall of 2008, environmental and public health advocates sent letters to more than a dozen companies asking them to comply with the law.

The companies targeted in the lawsuit filed Tuesday each ignored or refused this request. The defendant companies include Procter & Gamble, Colgate-Palmolive, Church and Dwight, and Reckitt-Benckiser.

“As the evidence showing the risks posed by chemicals in household cleaners continues to mount, people deserve to know whether the products they use to wash their dishes, launder their clothes, and clean their homes could be harmful,” said Earthjustice attorney Keri Powell, who is representing the plaintiff groups.

Several companies, including the California-based Sunshine Makers, Inc., which manufactures Simple Green products, complied with the request, filing reports with the State of New York for the first time.

“Sunlight is the best disinfectant, as they say. It’s time to dust off this important law and take the first step in giving consumers the information they need to protect themselves and their families,” said Powell.

The nonprofit public interest law firm Earthjustice is filing the lawsuit on behalf of Women’s Voices for the Earth, Environmental Advocates of New York, New York Public Interest Research Group, Riverkeeper, Sierra Club, and American Lung Association in New York.

“It’s outrageous that there are hidden ingredients in our cleaning products that may cause serious reproductive problems,” says Tracy Lakatua, executive director of Women’s Voices for the Earth.

“In our 2007 report ‘Household Hazards’ we identified hundreds of cleaning products containing ingredients linked to infertility, birth defects and asthma. Consumers deserve to know if these kinds of chemicals are in their products so they can make healthy choices for themselves and their families,” Lakutua said.

Household cleaners (Photo by Diana von Oertzen)


Cleaning chemicals can have severe impacts on respiratory health. Ethanolamines, chemicals used as surfactants in many cleaning products, have been shown to trigger asthma. And mixing common chemicals ammonia and chlorine creates toxic gases called chloramines causing shortness of breath, chest pain, wheezing, nausea, watery eyes, irritation and pneumonia and fluid in the lungs.

“The public is well aware of the dangerous health effects of outdoor air pollution, however inside our homes, air pollution levels can be two to five times higher than outdoors,” said Michael Seilback, vice president, public policy and communications for the American Lung Association in New York. “The public has a right to know whether the cleaning products they use in their homes contain harmful ingredients which could cause severe respiratory problems and trigger asthma attacks.”

The plaintiffs point to independent research that has documented “troubling hormone-disrupting qualities” of alkylphenol ethoxylates found in detergents, disinfectants, stain removers, and floor cleaners.

Some breakdown products of these manmade chemicals can mimic the hormone estrogen and when released into the environment are toxic to aquatic wildlife, the plaintiffs claim.

In laboratory studies, they cause breast cancer cells to proliferate, alter cells in the placenta, and cause reproductive abnormalities. The plaintiff groups say these studies raise concerns about whether alkylphenol ethoxylates may increase the risk of breast cancer, miscarriages, and reproductive damage in humans.

But the Alkylphenols and Ethoxylates Research Council, an industry group, argues in its June 2007 “Bulletin” that the assertion, made by the Sierra Club and other groups in a petition to the U.S. EPA, that numerous studies found endocrine disruptive effects well below the federal water quality criteria of 6.6 µg/L, is “misinformed and misleading.”

The surfectant nonylphenol has “weak estrogenic activity,” the council says, and “is ten thousand to one million times less potent than the natural estrogen found in human waste.”

Moreover, the council contends, “the nonylphenol ethoxylates used in commercial products are not estrogenic. This is an important distinction because these are the compounds (the ethoxylates) that are used in the workplace.”

Because many cleaning chemicals survive the sewage system and are released into streams, the plaintiff groups argue, there is growing concern that such chemicals pose a threat to fish and other aquatic wildlife, causing, among other things, the “feminization” of male fish.

“Manufacturers of household cleaning products have a responsibility to inform consumers and state regulators about chemicals in their products that may endanger human health or the environment,” said Laura Haight, senior environmental associate with New York Public Interest Research Group. “This is not only common sense; here in New York, it’s the law.”

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SACRAMENTO, California, June 10, 2008 (ENS) – California Attorney General Edmund G. Brown Jr. has filed a lawsuit against companies that manufacture or distribute body care and household cleaning products that have tested highest for the carcinogenic chemical 1,4-dioxane. The lawsuit was filed May 29 in the Alameda County Superior Court.

Named as defendants are Avalon Natural Products, which makes the Alba brand products; Beaumont Products which makes VeggieWash and Clearly Natural brands; Nutribiotic, which makes grapefruit seed extract personal care products; and Whole Foods Market California, Inc., which sells the Whole Foods 365 brand.

The lawsuit seeks an injunction and civil penalties to remedy defendants’ failure to warn consumers that cleaning products such as body washes and gels and liquid dish soaps containing l,4-dioxane sold by defendants expose consumers to chemicals known to the State of California to cause cancer.


Some natural personal care products
contain a known human
carcinogen, California alleges.
(Photo credit unknown)

Under the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.6, usually called “Proposition 65,” businesses must provide persons with a “clear and reasonable warning” before exposing them to such chemicals.

The chemical 1,4-dioxane was listed under Proposition 65 as a chemical known to the State of California to cause cancer on January 1, 1988.

The California attorney general alleges that each defendant has known since at least May 29, 2004 that the body washes and gels and liquid dish soaps contain l ,4-dioxane and that persons using these products are exposed to the chemical.

In addition to violating Proposition 65, the lawsuit alleges that each defendant has engaged in unlawful business practices which constitute unfair competition.

The defendant companies face maximum fines of $2,500 per day for each violation.

The defendants’ products were tested in a study commissioned by the Organic Consumers Association, OCA, and released in March. The study analyzed “natural” and “organic” brand shampoos, body washes, lotions and other personal care products for the presence of 1,4-dioxane.

Results for all products tested is online here. http://www.organicconsumers.org/bodycare/DioxaneResults08.cfm

A reputable third-party laboratory known for rigorous testing and chain-of-custody protocols, performed the testing, the Organic Consumers Association says.

The chemical at issue in the lawsuit, 1,4-dioxane, is typically produced as a byproduct when ingredients are processed with the petrochemical ethylene oxide, which has become standard practice for many cleansing and moisturizing products.

“The OCA’s 1,4-dioxane study elevated the issue of fake ‘natural’ and ‘organic’ brands that utilize petrochemicals in their formulas in March, and now we are seeing labeling enforcement on a scale never seen before,” says the association’s National Director Ronnie Cummins.

“We used an independent laboratory and found that numerous ‘natural’ and ‘organic’ brands tested positive for 1,4-dioxane, a cancer-causing contaminant resulting from the petrochemical ethylene oxide being attached to one or more ingredients,” Cummins said.

Last week, the Organic Consumers Association sent a letter to the four companies named in the lawsuit asking if they are planning changes to their labeling or product formulations. Only one company responded.

In a letter to the association Beaumont Products of Kennesaw, Georgia wrote, “Upon being notified that there was a problem with our product, we verified that the problem existed, then took immediate action.”

Beaumont says they have reformulated their products to remove the problem ingredient.

“These companies need to stop treating the inclusion of cancer causing chemicals in their products as business as usual and reformulate before consumer confidence in the natural products and organics industry is permanently damaged,” says consumer activist David Steinman, who conducted the OCA study and exposed the presence of 1,4-dioxane in baby bubble bath products in his book “Safe Trip to Eden.”

The U.S. Department of Health and Human Services considers 1,4-dioxane as “reasonably anticipated” to be a human carcinogen.

Few studies are available that provide information about the effects of 1,4-dioxane in humans. Exposure to very high levels of 1,4-dioxane can result in liver and kidney damage and death. Eye and nose irritation was reported by people inhaling low levels of 1,4-dioxane vapors for short periods up to several hours.

Studies in animals have shown that breathing, ingesting, or skin contact with 1,4-dioxane can result in liver and kidney damage.

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