The 2020 enacted budget includes notable measures to protect our children from lead. New York acted to lower the definition of elevated pediatric blood lead from 10 μg/dL to 5 μg/dL, and lower the threshold for intervention from 15 µg/dl to 5 µg/dl of blood lead. CHNY and several JustGreen Partners played a major role in advocating for these improvements.

In 2012, the Centers for Disease Control (CDC) lowered the definition of elevated pediatric blood lead from 10 μg/dL to 5 μg/dL, based on strong scientific evidence that lead causes irreparable harm to children at very low levels. However, New York State did not follow suit until now. The state has the highest number of children with lead poisoning in the country, so this new lowered definition is a major victory for healthier children across our state.

The initiative puts in place new regulations that will impose penalties on the use of lead paint, giving authority to state and local housing enforcement agencies to charge fines for violations. It also requires residential rental property owners to maintain them in a condition that protects children from lead-based paint hazards.

The budget allocates an additional $9.4 million annually for the NYS Department of Health and county health departments to implement this initiative. These are necessary steps to find, fund, and fix the hazards, for primary prevention of childhood lead poisoning in New York State.

Facts and figures on lead in New York State:

In 2016, 17,745 New York children (5,610 from New York City alone) tested had an elevated blood lead level (5 μg/dL or more); 2,983 of them had blood lead levels of 10 μg/dL or more.More of New York's children were found to have a blood lead level over 5 μg/dL than any other state in 2016.79% of New York housing was built before 1978 and New York has the highest percent of housing built before 1950 of any state.Under the 2017 amendments to HUD’s Lead Safe Housing Rule, environmental investigations are already required when a child living in public housing has a blood lead level over 5 μg/dL.Illinois, Maine, Maryland, New Hampshire, New Jersey, North Carolina, Ohio and Rhode Island already require environmental investigations at 5 μg/dL, with several other states considering similar action.

Comprehensive primary prevention of childhood lead poisoning in New York State is long overdue. We applaud the Governor, Senate and Assembly for their leadership.

For the third year in a row, the Mind the Store campaign has issued “Who’s Minding the Store?” Retailer Report Card. For the second year, in collaboration with the Getting Ready for Baby campaign, buybuy BABY and parent company Bed Bath and Beyond were included. Also for the second year, buybuy BABY received a grade of D+.

In years past, buybuy BABY had regular progress in restricting chemicals of concern in products. They moved before any legal requirements, and go beyond legal requirements to restrict flame retardants, vinyl, phthalates, heavy metals like lead and cadmium, and more. But their pace of action has slowed, and the kinds of actions retailers are taking has shifted.

This year, the Retailer Report Card recognized buybuy BABY competitors has having made significant advancements: Target ranked #2 with a A grade for “expanding its policy and reporting specific reductions.” Walmart, previously ahead of Target, ranked #3 with an A-.

Target adopted a Restricted Substances List (RSL) and Manufacturing Restricted Substances List (MRSL) for textiles (adopting the Zero Discharge of Hazardous Chemicals - ZDHC MRSL). They provided guidance to suppliers for disclosing ingredients in formulated products. They publicly reported on removing specific chemicals of concern in beauty and personal care products. They launched a new Wellness Icons program to identify product free of certain chemicals of concern.

In 2017, Walmart committed to reducing its consumables footprint for Walmart US and Sam’s Club US by 10%, which translates into a reduction of 55 million pounds. Since 2014, Walmart has reduced use of “high priority”chemicals by 96% by weight.

Some relevant key findings of the Retail Report Card’s assessment of 40 companies this year (including new restaurant and grocery chains):

1. Retailers continue to drive toxic chemicals out of consumer products. Examples include actions to remove methylene chloride and NMP in paint strippers, phthalates, parabens, and formaldehyde in personal care products, and oxybenzone in sunscreens.

2. Leading retailers continue to strengthen or adopt new chemicals policies. Companies with the greatest improvement are Walgreens, Rite Aid, and Amazon. Target, Lowe’s, Costco, Kohl’s, and Sephora also reported major gains.

3. Retailers are aligning around a common list of chemicals of concern. Several thousand chemicals are being screened, and whole classes of chemicals, such as phthalates and per- and polyfluorinated chemicals (PFCs) are being phased out.

We urge buybuy BABY and its parent company Bed Bath and Beyond to learn lessons from their competitors to protect the babies and toddlers who use buybuy BABY-sold products from chemicals that can harm their health.

Check out the full Retailer Report Card here.

Clean and Healthy New York applauds Personal Care Product Ingredient Disclosure Proposal in Governor Cuomo’s 2018 State of the State

Clean and Healthy New York, New York’s premier environmental health advocacy organization, was pleased to note Governor Cuomo’s ongoing commitment to ensuring all New Yorkers are aware of and protected from toxic chemicals in their homes, schools, and workplaces.

“As the New York organization that leads the charge for market transparency and continuous corporate improvement, we applaud Governor Cuomo’s clear commitment to protecting people from toxic chemicals in products they use every day, and his acknowledgement of their right to know what is in the products they buy and use,” said Kathleen Curtis, LPN, executive director of Clean and Healthy New York. "Giving people information about personal care products using the same framework as New York proposes for cleaning products (the guidance is under final review) will be a huge boon to New Yorkers and people across the country."

The Governor’s 2018 State of the State book states the following (p.245):

Proposal: Protect New Yorkers from Toxic Chemicals in Personal Care Products

Under Governor Cuomo’s leadership, New York has made unprecedented commitments to protecting the public and the environment from exposure to potentially harmful chemicals found in everyday consumer products. Earlier this year, Governor Cuomo spearheaded a new initiative that will make New York the first state in the nation to require all manufacturers of household cleaning products sold in New York to disclose chemical ingredients on their websites.

The urgency for state protection is all the greater now that the federal approach to regulating toxic chemicals is heading in the opposite direction. New Yorkers use a wide variety of personal care products every day and are likely unaware that some of these products contain potentially harmful chemicals, such as formaldehyde and toluene in nail polish, coal tar in dandruff shampoo and parabens in moisturizers and facial cleansers.

Governor Cuomo will propose legislation to require the manufacturers of personal care products sold in the State to make product ingredient information publicly available in a clear and easy to use web format. In addition, manufacturers will be required to list those chemical ingredients which have been identified by other state, federal or international jurisdictions as posing a hazard to human health. A centralized database of manufacturer disclosure websites will be maintained by New York in partnership with the Interstate Chemicals Clearinghouse. These initiatives will empower consumers by providing them with the information they need to make well-informed decisions regarding the chemicals their families are exposed to daily. By requiring industry to be more transparent and better educating consumers, this action will encourage manufacturers to find innovative ways to either replace or remove potentially harmful chemicals from their products.

The 2017-2018 budget, passed by the Assembly and Senate and signed by Governor Cuomo, holds some important pieces for everyone concerned about harmful chemicals in our air, water, soil, buildings, products, and bodies. A spectacular $2.5 billion is provided for clean drinking water for all New Yorkers. Our advocacy contributed to good news in the renewed $300 million Environmental Protection Fund:

$4 million in funding for the NYS Pollution Prevention Institute to help companies go beyond regulations to minimize use and waste of toxic chemicals, energy, and water. For the first time, this budget explicitly includes $100,000 in funding for the Interstate Chemicals Clearinghouse, a multistate organization focused on tracking and identifying alternatives for chemicals of concern by state agencies. Clean and Healthy New York helped co-founded the IC2 and is a supporting member.

$6.5 million dedicated to environmental health for assessments, testing and actions including abatement to address suspected human exposure to chemical, physical and microbiological agents, including contaminants in drinking water. This is an increase from $3 million allocated in 2016-17. It includes the following sub-allocations:

Renewal funding for $2 million for$1,000,000 for SUNY Stony Brook to support research into a project to , a cancer-causing personal care and cleaning product contaminant, in water (a particular problem on Long Island)Up to $625,000 to to bring more local, fresh, nutritional food to underserved neighborhoods across New York State (an emerging priority and early win for CHNY)Up to $500,000 for the CleanSweep NY program to (including pesticides) from New York farmers and owners of former farms, all categories of NYS certified pesticide applicators, cemeteries, golf courses, marinas, and other entities possessing unwanted or unusable pesticides and other waste chemicals. $500,000 to land banks to assist with

In addition, in the budget negotiations, the Assembly, Senate, and Governor agreed to create a new public health law to identify and test for emerging contaminants in drinking water, stating: “Industry and modern technology have created thousands of new chemicals that would not otherwise exist in nature. Although some of these chemicals have proven benefits, the effect of many such chemicals on human health is unknown or not fully understood.”

Chemicals in household materials end up in waste water, and are not treated at sewage treatment plants. This can include contaminants of personal care products like 1,4 dioxane, perfluorinated chemicals including PFOA, and flame retardants in foam, fabric, and electrical devices. Testing for these emerging chemicals of concern will help document their flow from innocuous-seeming products into the broader environment and back into our homes in drinking water. As many of these chemicals can also be toxic to aquatic life, remediation can help prevent harm to wildlife while protecting public health.

In addition to progressive reforms in New York State’s 2017-2018 budget such as raising the incarceration age and providing for tuition-free college, protecting our health and environment from harmful chemicals is a big job, made larger by regulatory rollbacks and proposed budget cuts occurring at the federal level. New York’s leadership and dedication to action at the state level is a critical component as we move forward.

We applaud the Governor, Senate and Assembly for their dedication. Excelsior!

Ever wonder what's in the cleaning products under your sink? Thanks to New York's leadership, now you'll know.

Under a law from the 1970s, the State is authorized to collect information about cleaning products and to restrict chemicals of concern. When enacted, the law banned phosphorous-based cleaners, because of their effect on water quality.

Today, Governor Cuomo announced that New York will require cleaning product makers to fully disclose what's in their products. In his 2017 State of the State book, Governor Cuomo said:

"Consumers have a right to know what chemicals are in household cleaning products. Common household cleaners may contain chemicals shown to negatively impact health in many ways, including carcinogens, hormone disrupters, asthmagens, allergens, and skin irritants. Despite this, cleaning product labels often do not give consumers adequate information to allow them to make informed purchasing decisions with regard to health risks."

This first such requirement in the nation is the culmination of years of work. Clean and Healthy New York and other advocates joined Earthjustice to file suit against cleaning product makers under the 1970s law. This prompted the Department of Environmental Conservation to revisit the issue. CHNY's steady, concerted leadership with our allies and government staff has paid off, with impact that will be felt across the country.

The Governor announced that not only will the State require disclosure of chemicals and their potential to contribute to serious illnesses and disease, New York will use this process as a model for chemical disclosure for other products:

"This ingredient disclosure approach, which will go into effect this year, will serve as a pilot for potential expansion to other consumer products of concern, such as personal care or children’s products. The pilot will evaluate such factors as ease of consumer use, consumer education regarding chemicals and health risks, and manufacturer compliance and enforcement."

New York is stepping forth as the first government in the nation to require companies to make cleaning product ingredient information public. Clean and Healthy New York will continue our advocacy to ensure we all get the information we need, and that everyone is protected from harmful chemicals.

From where I sit on December 22nd, 2016, I feel really good about Clean and Healthy New York’s position heading into 2017. This may be a contrary message from the broader gloom and doom forecasting you’re hearing.

So why am I so optimistic?

One big reason is the expansion of CHNY’s Board of Directors in 2016. Building on our talented, experienced, passionate and dedicated leaders, we are pleased to announce four new Board members from across New York State, who bring extensive technical expertise, a network of connections, and the ability to communicate how chemicals in our environment affect our health. Read their full bios here.

Alexandra McPherson is the Principal at Niagara Share, which seeks to create an economy that regenerates, rather than depleting, the earth. Her professional background includes an early stint at Greenpeace USA, launching the innovative startup Clean Production Action, and work with Niagara Riverkeeper. She also serves on the Board of the Western NY Environmental Alliance. This rich history brings valuable insight into our safer chemicals/sustainable economy work.

Gavin McIntyre is founder and Chief Scientist at Ecovative Design, a leading company that grows high performance, premium, award-winning biomaterial products that are safe, healthy, and certified sustainable. Gavin’s scientific, business and sustainability acumen align closely with Clean and Healthy New York’s goals of safer chemicals, a sustainable economy and a healthier world.

Karen Ballard, MA, RN, FAAN has been an environmental health nurse leader, as 1st Vice-President at American Nurses Association, founding Executive Director of American Nurses Association – NY, with Rekindling Reform and the Nurses Workgroup of Health Care Without Harm. Newly retired, Karen is throwing some of her passion for children’s health into her role on Clean and Healthy New York’s Board.

Penelope Jagessar Chaffer is an award-winning investigative journalist and filmmaker and creator of the film Toxic Baby. She is a leader in Moms for a Non-Toxic New York - NYC who is instrumental in advancing the Child Safe Products Act, a top priority for CHNY. Penelope brings her considerable communications acumen to bear for our educational, markets and policy agenda as Clean and Healthy New York’s newest Board member.

We are excited to have grown Clean and Healthy New York’s Board of Directors to include more talented people with the ideal background and knowledge as we move forward with our Strategic Plan for 2017-2020 – a document I look forward to sharing with you in early in the New Year.

May your holidays be filled with peace and light!

“They are tenacious and tireless visionaries. They’re transparent and honest. They give everyone a voice, and people feel appreciated.”

“They don’t really give up…ever.”

These quotes are from interviews conducted this fall. We surveyed you, we talked with colleagues, we met in person. And for four days last week, CHNY retreated to the Adirondacks with an amazing result: a four year plan to make significant strides toward a less toxic world.

We came out of the mountains energized with a clear purpose.

And then the unpredicted election outcomes set us back on our heels.

Now the things we heard from you and our colleagues matter more than ever. Just take the conversation I had with our Deputy Director, Bobbi Wilding:

"What are you doing?" I asked.

"Trying to keep moving" was her answer.

"What else can we do?" I asked.

"Crawl into a hole? That's not us. Wring our hands? That's not us. We are here because our work is our mission in this life," she replied.

Her response hit the nail on the head.

Now more than ever, Clean and Healthy New York's vision, knowledge, experience, and passion are needed to protect our children's health. And we need you.

We know that you, too, worry about harmful chemicals hiding in innocent-looking children's products. You, too, are concerned about the rising rates of cancer, learning and developmental disabilities, diabetes and more, particularly among our children.

You are the key to our success in the Statehouse, in County Legislatures, in corporate conference rooms.

We need you with us as we advance our ambitious agenda:

And to do this, we'll need an active, vibrant, and independent organization, resourced to do the work that is necessary to have maximum impact.

That's where you come in. Now more than ever, we need support from people who care. We need you to tell your friends about this work, sign petitions, call stores, come to advocacy days - engage at the highest level you can. And we need you to give. Generously. Today. Every donation from you, up to $5,000, will be matched from now through Giving Tuesday (the Tuesday after Thanksgiving).

Digging in to market campaigns and state and local government action enables us to achieve real progress at a time when federal advancement is unlikely. We identified this approach before the election outcome was known, because it makes the most of our strengths and the real opportunities for positive change. After Tuesday, it's more necessary than ever.

That's why we are asking you to stand with us now. More than ever. For our future. Please give as generously as you can today. If you prefer to pay with PayPal, click here.

Together, we win.

There’s much to celebrate this Earth Day, and a lot to look forward to over the coming year. After years of scarcity and borrowing from it, Governor Cuomo proposed and the New York State Legislature approved a $300 million Environmental Protection Fund (EPF), restoring the Environment as a clear government priority. This means cleaner water, more open space, an improved waste treatment infrastructure, and preservation of farm land and historic places. This year, the overall boost included a new, clear focus on Environmental Health and Environmental Justice.

Over the years, we advocated for full funding for a statewide network of Children’s Environmental Health Centers of Excellence, to correctly diagnose and treat pediatric diseases and disorders of environmental origin as well as determine their cause in order to avoid them in the future. This year, it has received its full funding of $2 million for the first time, and New York’s children will benefit. For years we have urged the state to create a Pollution Prevention Institute, to help companies reduce their waste and frequently save money in the process. This year, resources for pollution prevention, while still modest compared to the EPF overall, are at an all-time high, demonstrating the Governor’s commitment to preventing the legacy that contamination of the environment leaves behind for future generations.

But what’s perhaps most visionary and exciting in this year’s Environmental Protection Fund is the addition of two new categories; those of Environmental Health and Environmental Justice. These funds are not yet all allocated, which allows the State to make use of emerging opportunities and act outside the purview of a circumscribed reality. In other words, to dream. And imagine. Which brings us closer to a future that provides for environmental health and justice for New York’s people and communities.

Like the famous musical question “If I Had a Million Dollars” poses, what environmental health or justice project would you propose for the million dollars under the Environmental Health category? Would you test people or products for toxic chemicals? Would you monitor air quality in urban settings? The money would be well-spent implementing a Child Safe Product Act, another stated priority of Governor Cuomo. And hey, working together, by next Earth Day, we'll have even more to celebrate.

New Report from Getting Ready for Baby Campaign calls on Babies”R”Us to Adopt a Comprehensive Approach

Clean and Healthy New York and the Getting Ready for Baby campaign released a new report "What We Expect When We're Expecting" comparing how the two baby product market leaders, Babies”R”Us and buybuy BABY, address toxic chemicals that may be used in items they sell. The report explores corporate policy, how the two companies’ parent companies report as manufacturers under Washington State’s reporting law, and how they provide information on their websites.

The report highlights the ways in which Babies”R”Us and its parent company, Toys”R”Us have failed to respond to parental concerns about chemicals. The campaign offered recommendations for the companies, other baby product retailers, and government bodies. They also provide tips for consumers seeking safer products.

“Retailers can play a key role in protecting kids health from the effects of toxic chemicals, because they decide what products they sell. They must use this power to ensure only the safest materials are used for infants, toddlers, and children,” said Bobbi Chase Wilding, report author and Getting Ready for Baby campaign coordinator at Clean and Healthy New York. “Babies”R”Us is lagging woefully behind. It’s time for them to understand what we expect when we’re expecting – and keep toxics off their store shelves.”

Babies”R”Us and their parent company Toys”R”Us have established no new policies on chemicals in products since 2011, according to their Toys”R”Us Safety Standards and Practices. They have set limits on lead and cadmium. They stopped using BPA in beverage containers, and limited phthalates in advance but not exceeding US law. The company stopped using vinyl in certain applications, including bibs, in products made for Toys”R”Us. With other vendors, however, they have not gone beyond legal requirements.

Buybuy BABY and their parent company Bed Bath & Beyond have taken a significant step to address chemicals: they issued a Restricted Substances List covering 223 individual chemicals for all products. The policy includes references chemicals restricted under European Union, US, and state-level laws. It also lists 20 chemicals to avoid during manufacture, and cautions product makers to avoid regrettable substitution. “BBB recommends that vendors exercise efforts to reduce or eliminate these substances of potential concern in their products. Be reminded that Vendors should avoid substituting substances on the RSL for another substance of equal or greater concern.”

Other findings include:

As manufacturers, Toys”R”Us reported 128 incidences of Chemicals of High Concern for Children to Washington State under their law. In 7 cases, for products for kids 3 – 12 years old, chemical levels were above 10,000 parts per million. In 34 cases, products were for children under 3.Bed Bath & Beyond reported 9 uses of Chemicals of High Concern for Children to Washington State, all for ages 3-12, in the 100-500 parts per million range. Babiesrus.com returns a section called “natural and organic” when the search term “organic” is entered. There is no way to filter just by products with organic content, and the term ‘natural’ has no legal meaning. They offer 764 items in this section – 3.6% of their estimated total number of items. Buybuybaby.com has 919 items with “organic” in their description – 4.6% of their total estimated number of items offered.

The campaign strongly recommends Babies”R”Us adopt comprehensive approach to address chemicals in the products they sell, based on the Hazardous 100+ chemicals, and establish a timeline for vendors to identify, disclose, and phase out chemicals of concern. Shoppers should have access to information about what chemicals are in products they buy.

buybuyBABY should continue its significant progress by establishing a timeline for vendors to disclose and phase out chemicals on the Restricted Substances List.

People should look for third-party certifications, connect with campaigns to change laws, and contact retailers to express their support for eliminating toxic chemicals.

--

The Getting Ready for Baby campaign is comprised of over 70 organizations across the U.S. It is calling for baby product retailers to use their position in the marketplace to do what the federal government has thus far failed to do: keep toxic chemicals out of children’s products. Learn more: www.gettingready4baby.org

The campaign is coordinated by, and the report was written by Clean and Healthy New York, an environmental health organization promoting safer chemicals, a sustainable environment, and a healthier world. Learn more: www.cleanhealthyny.org.

By Kathy Curtis, Executive Director

Years ago, when New York was among the first states to ban penta- and octa-BDE, two toxic flame retardant chemicals in foam-containing products, little did we know they would be replaced with equally-toxic chlorinated Tris chemicals. Now, due to our efforts, Governor Cuomo has taken a step to make all New Yorkers – especially the youngest – a little safer. He signed a bill into lawto expand the definition of Tris in the Tris-free Children and Babies Act of 2011 to include TDCPP – a cancer-causing and brain development-altering chemical – and ban it in children’s products sold in our state.

Backing the bill at our urging were over a dozen organizations, including the New York State Professional Fire Fighters, who in recent years have actively opposed the use of flame retardant chemicals in many residential products. Their opposition stems from the failure of these toxic chemicals to provide meaningful fire safety benefit, and from the fact that they make any building fire more toxic for residents and fire fighters alike.

Because we garnered support from fire fighters, health professionals, environmental health and justice advocates, children’s health advocates and others, the Assembly passed the bill unanimously, and it enjoyed overwhelming bipartisan support (or should we stay, tri-partisan?) in the Senate. Apparently, protecting babies and children from needless exposure to toxic chemicals is something we can all agree on.

TDCPP was voluntarily pulled from children’s pajamas in the 1970s because it was shown to penetrate the skin and mutate DNA. Since then we’ve learned a lot about the chemical, and none of it good. We also know that it is common in children’s products. Washington State tested a wide range of consumer products, and found both TDCPP and TCEP – the two chemicals now banned by New York State – in children’s products including a crib pad, a booster seat, and a foam chair.

"No parent should have to second guess whether the toy or car seat they buy for their child is safe," Governor Cuomo said. "This new law will not only provide additional protections for young children, it gives peace of mind to parents who will now know that common childcare products purchased in New York will not contain this dangerous chemical.”

The bill was sponsored by outgoing Environmental Conservation Committee chairs in each house – Senator Mark Grisanti (R-Buffalo) and Assemblymember Bob Sweeney (D-Lindenhurst) brought matching legislation to expand the original Tris-Free Children and Babies Act, which they had both sponsored when it passed in 2011. The original bill was a major priority for Clean and Healthy New York, and Governor Cuomo’s signature made it the first official Tris ban in the country upon which all subsequent bans were predicated.

This expands Clean and Healthy New York’s longstanding body of effective work on flame retardant chemicals – from years of work to demonstrate safer alternatives to decaBDE through the New York State Task Force on Flame Retardant Safety, to our leadership of the national Alliance for Toxic Free Fire Safety. Bans on chemical classes are important steps in the broader move to protect people from dangerous, unnecessary chemicals used in everyday products.

The Governor’s announcement upon signing the expanded Tris-Free Children and Babies Act signals his intent to address toxic chemicals in children’s products more broadly.

U. S. Senator Charles Schumer introduced federal legislation we worked to develop with his office, to ban ten of the worst flame retardant chemicals. All in all, an impressive week for New York. In addition to supporting this federal effort, Clean and Healthy New York and our allies will advance state legislation in 2015 to restrict these and other toxic chemicals in children’s products and upholstered furniture.