The California Department of Toxic Substances Control (DTSC) announced several developments under California’s Safer Consumer Products (SCP) Program that may affect manufacturers, importers, distributors, and retailers of consumer products sold in California. The agency has (1) proposed adding certain acids and bases to the SCP Candidate Chemicals List; (2) released technical materials evaluating preservatives used in leave-on personal care products; and (3) issued a draft product-chemical profile evaluating floor maintenance products containing per- and polyfluoroalkyl substances (PFAS) as a potential priority product.
Although several of these actions are at an early stage, they may ultimately lead to new compliance obligations for companies that manufacture or sell products in California.
California’s Safer Consumer Products Framework
The SCP Program authorizes the DTSC to identify chemicals of concern in consumer products and regulate them through a multistep process. First, the DTSC identifies “candidate chemicals,” which are substances exhibiting hazardous traits or appearing on authoritative hazard lists incorporated into the SCP regulations. The DTSC may then evaluate product-chemical combinations and propose them as “priority products.”
If a product-chemical combination is formally listed as a priority product, responsible entities (manufacturers, importers, assemblers, and retailers) must notify the DTSC when their product is listed as a priority product. Priority product manufacturers (or other entities) must perform an alternatives analysis evaluating potential safer substitutes. Based on that analysis, the DTSC may impose regulatory responses such as product reformulation, labeling requirements, use restrictions, or sales prohibitions.
DTSC Proposes Adding Certain Acids and Bases to the Candidate Chemicals List
The DTSC has initiated rulemaking to add 12 acids and bases to the SCP Candidate Chemicals List: potassium hydroxide, lithium hydroxide, calcium hydroxide, ammonium hydroxide, ammonium thioglycolate, guanidine carbonate, ammonium bisulfite, sodium hypochlorite, ethanolamine, chromic acid, sulfamic acid, and oxalic acid.
These chemicals are widely used in both consumer and commercial products such as liquid soaps and shampoos, cosmetics, bleach products, construction materials, and surface preparation products.
Candidate chemical listings do not impose regulatory obligations. Instead, the listing expands the universe of chemicals the DTSC may evaluate when identifying potential priority products. Once listed, the DTSC may evaluate products containing those chemicals and designate them as priority products in future rulemakings.
The DTSC has opened a 45-day public comment period ending March 30, 2026.
DTSC Evaluates Preservatives in Leave-On Personal Care Products
The DTSC has also released a draft Product-Chemical Profile evaluating the scientific basis for its proposal to list leave-on products containing preservatives, specifically butylparaben, formaldehyde releasing preservatives (FRPs), and formaldehyde, as potential priority products under the SCP regulations. These preservatives are used in products applied to the skin and left on for extended periods, such as lotions, creams, and certain cosmetics. The DTSC claims FRPs are found in 8% of body care products.
The draft profile summarizes the DTSC’s preliminary analysis of potential hazard traits, exposure pathways, and product usage patterns.
Along with the draft profile, the DTSC released a questions to interested parties document seeking information from stakeholders on issues such as:
- The presence and concentrations of these preservatives in products.
- The availability and feasibility of alternative preservatives.
- Product performance considerations.
- Market and supply-chain impacts associated with potential alternatives.
The DTSC frequently uses these types of information-gathering requests to refine the scope of potential regulatory actions before initiating formal rulemaking.
The public can submit comments on the DTSC’s proposal until March 31, 2026. The DTSC held a public workshop on March 17, 2026.
Proposed Priority Product: Floor Maintenance Products Containing PFAS
The DTSC has also released a draft product-chemical profile evaluating floor maintenance products containing PFAS as a potential priority product under the SCP Program. The proposal focuses on products such as floor finishes, sealers, strippers, and related maintenance products when they contain PFAS. These substances are already included on the SCP Candidate Chemicals List.
The draft product-chemical profile describes the DTSC’s preliminary analysis of PFAS hazards, potential exposures, and the use of these substances in floor maintenance products. Following this evaluation, the DTSC may initiate rulemaking to designate these products as a priority product.
If the DTSC ultimately adopts this designation, manufacturers of affected products could face several regulatory obligations, including:
- Submitting a priority product notification to the DTSC.
- Conducting an alternatives analysis evaluating potential substitutes.
- Implementing a regulatory response that may include reformulation, product labeling, or other compliance measures.
The DTSC is accepting public comment on this proposal until March 31, 2026, and is holding a public workshop on March 19, 2026.
Implications
The DTSC’s recent actions illustrate the agency’s continued expansion of the SCP Program and its focus on chemicals associated with widespread consumer use. These actions represent early steps that may ultimately lead to new regulatory obligations for companies.
Companies that manufacture, distribute, or sell consumer products in California should consider the following steps:
- Monitor SCP developments. The DTSC continues to expand the Candidate Chemicals List and evaluate additional product-chemical combinations that could become priority products.
- Assess product formulations and supply chains. Companies should determine whether their products contain any of the chemicals identified in the DTSC’s recent actions, including certain acids and bases, FRPs, butylparaben, or PFAS.
- Participate in comment opportunities. The DTSC’s rulemakings and information requests provide important opportunities for stakeholders to submit technical information on product formulations, supply chains, and the feasibility of alternatives. Early engagement can help inform the agency’s understanding of formulation constraints, product performance requirements, and the feasibility of alternative ingredients.
- Prepare for potential compliance obligations. Priority product designations can trigger significant regulatory requirements, including alternatives analyses and potential product reformulation. Companies may also wish to evaluate whether reformulation or ingredient substitution may be feasible.
If you have any questions, or would like additional information, please contact one of the attorneys on our Environment, Land Use & Natural Resources team.
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