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Beyond the bottle

Making it for somebody else

Updated

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Cleaning products are a common private-label category, and the compliance questions are sharper than in any other property in this estate.

A real market here

Cleaning companies wanting their own brand on the products they use. Retailers wanting an own-label line. Hotels, gyms and property managers.

Steady, known volumes, no shelf risk, and usually a single formula in a single size.

What they are buying

Usually your existing formula with their artwork.

Occasionally a bespoke product, which should be priced as development rather than absorbed.

And a deadline, frequently tied to a contract start or a rebrand.

Who carries the compliance

The clause that matters most, and it has four parts in this category.

Whose name is on the label as the responsible firm, which decides who owns the labeling compliance.

Who authors and maintains the safety data sheet, and who updates it when anything changes.

Who maintains the California ingredient disclosure, including the web page.

What claims they may make in their own marketing. This is the one nobody writes and the one that bites: a client promoting your compliant cleaner as a disinfectant has created an unregistered pesticide with your product inside it, and your name may be on the bottle.

Put a claim restriction in the agreement, in plain words, with examples.

What to agree

Quantity, unit price, date, and who supplies and approves artwork.

Overrun and shortfall, because label and bottle minimums mean there will be one.

What happens if they want a formula change, which may be a new stability program rather than a tweak.

And check your insurance covers private-label work, which some policies treat differently.

References

US Environmental Protection Agency. Determining If a Cleaning Product Is a Pesticide Under FIFRA. A cleaner that claims to clean and degrease is not a pesticide; the same product claiming to kill germs is. The claim triggers it, not the chemistry. epa.gov
California Cleaning Product Right to Know Act of 2017 (SB 258). Designated products — air care, automotive, general cleaning, and polish or floor maintenance products — must disclose ingredient information on the product website from January 1, 2020 and on the label from January 1, 2021. leginfo.ca.gov
OSHA Hazard Communication Standard, 29 CFR 1910.1200, which requires a safety data sheet and GHS labeling for hazardous chemicals supplied for workplace use. osha.gov
Penn State Extension. Product Liability Insurance. extension.psu.edu
Written from the federal regulation and agency guidance named on each page, not from a laboratory or a legal practice. Whether a particular product and a particular label make a cleaner or a pesticide is a determination about your product, and this is not that determination.