The U.S. Environmental Protection Agency (EPA) announced on August 8, 2024, the availability of the final updated Safer Choice and Design for the Environment (DfE) Standard (the Standard). 89 Fed. Reg. 64915. According to EPA, the update includes a name change to the title of the Standard, a revision to the packaging criteria, a new certification for cleaning service providers, a new provision allowing for preterm partnership termination under exceptional circumstances, and the addition of several product and functional use class requirements. EPA states that “Safer Choice helps consumers, businesses, and purchasers find products that perform and contain ingredients that are safer for human health and the environment.” DfE is a similar program that helps consumers and commercial buyers identify antimicrobial products that meet the health and safety standards of the normal pesticide registration process required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as well as other EPA DfE criteria. The Standard was effective August 8, 2024. EPA has posted both the current Standard and a version that reflects the final changes.

According to EPA’s August 8, 2024, press release, in addition to updated clarifying language, the final updated Standard includes:

• A new certification program for cleaning service providers that use Safer Choice- and DfE-certified products. According to EPA, the program will help protect workers who use cleaning products, as well as the people who live or work in the spaces they clean;
• Strengthened criteria that pet care products must meet to ensure they use only the safest possible ingredients for humans, pets, and the environment;
• Updated safer packaging criteria, ensuring primary packaging does not include any intentionally added per- and polyfluoroalkyl substances (PFAS) or other chemicals of concern;
• Strengthened sustainable packaging requirements for all Safer Choice-certified products to use post-consumer recycled content and be recyclable or reusable;
• Updated criteria for wipe products to ensure certified wipes contain “Do Not Flush” language to help reduce damage to wastewater treatment systems; and
• New, optional energy efficiency or use reduction criteria to encourage companies to use less water, use renewable energy, and improve energy efficiency.

EPA has posted a response to comments document in the online docket.

Commentary

We applaud EPA for updating and enhancing the Safer Choice/Design for the Environment program, especially for its enhancements for packaging. EPA recognizes that during the years, what is “best in class” evolves and EPA must reconsider what should be eligible for recognition. Packaging in particular is an opportunity for EPA to drive greater incorporation of recycled content while recognizing that some parts of product packages are not recyclable. EPA has also made fluorinated containers ineligible for Safer Choice recognition, although it is not clear how many products were shipped in such containers.

EPA did not resolve some of the inconsistencies in its Safer Choice listings. For example, the master criteria prohibit carcinogens, mutagens, and reproductive toxicants based on several authoritative lists or hazard classifications, and yet the Safer Choice Ingredient List includes ethanol (a known human carcinogen) and aloe vera extract (listed by the International Agency for Research on Cancer (IARC) as a Class 2B carcinogen).

There were comments supporting and opposing EPA’s updates to Safer Choice. In the end, EPA has significant discretion in how it constructs its Standard because it is a voluntary program.