California’s Department of Toxic Substances Control (DTSC) has proposed banning the sale of cleaning products containing hydrofluoric acid, bypassing a usual review step under the Safer Consumer Products (SCP) programme to move directly to a restriction.
The 5 June proposal would prohibit manufacturers from selling or distributing hydrofluoric acid-containing cleaning products in California, including products containing compounds that can release the substance. Existing inventory held by distributors and retailers before the rule takes effect would not be affected.
If finalised, the action would mark the first time the DTSC has used its authority under a 2022 state law (SB 502) allowing it to skip the SCP scheme’s alternatives analysis (AA) stage and proceed straight to a prohibition.
Under the SCP framework, the DTSC would normally list a product-chemical combination as a priority product, requiring manufacturers either to stop selling the product in the state or conduct an AA to determine whether safer options are feasible, followed by a potential regulatory response. The sluggish pace of the process has often led to criticism of the state’s green chemistry scheme.
But in this case, the DTSC is proposing to move straight to a ban, which would fast-track the restriction and eliminate the need for manufacturers to complete an AA.
Listing rationale
The agency said it chose the expedited regulatory route because of the health risks associated with cleaning products containing hydrofluoric acid, which is an aqueous solution of hydrogen fluoride (HF), and the widespread availability of safer alternatives.
In a product-chemical profile published last December, the DTSC characterised HF as an acutely toxic and highly corrosive chemical capable of causing severe, permanent injuries and death through inhalation, skin or eye contact and ingestion.
The agency identified widespread potential exposure in both household and occupational settings, noting that HF is present in products such as rust removers, automotive cleaners and surface treatments.
Exposure may occur during routine use of a product, including inhalation or direct contact, with at-home users and self-employed workers of particular concern, according to the department.
Even cleaning products with low concentrations of HF can penetrate tissue and cause harm, the DTSC said.
The DTSC cited poison-control data, workplace incident records and scientific literature documenting injuries and fatalities linked to HF exposure, including thousands of reported cases in the US in recent years, as tracked by entities such as the National Poison Data System (NPDS) and the California Poison Control System (CPCS).
‘Commitment to accelerate regulatory action’
DTSC director Katherine Butler said more than 700 cases of HF exposure have been documented in California alone, many of which "resulted in severe injuries, including burns, and even fatalities, underscoring the urgent need for stronger protection".
"DTSC’s proposed ban reflects California’s unwavering commitment to accelerate regulatory action to eliminate serious hazards," Butler said.
Comments on the proposal are due by 20 July.
The DTSC said it expects the rule to take effect in the second half of 2027.