Notice2026-01545
Proposed Settlement Agreement, Stipulation, Order and Judgement, etc.; The Clorox Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 27, 2026
Issuing agencies
Consumer Product Safety Commission
Abstract
The Commission publishes in the Federal Register any settlement that it provisionally accepts under the Consumer Product Safety Act. Published below is a provisionally accepted Settlement Agreement with The Clorox Company, containing a civil penalty in the amount of $14,150,000 subject to the terms and conditions of the Settlement Agreement. The Commission provisionally accepted the proposed Settlement Agreement and Order pertaining to The Clorox Company.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Pages 3441-3444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01545]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 26-C0001]
Proposed Settlement Agreement, Stipulation, Order and Judgement,
etc.; The Clorox Company
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Commission publishes in the Federal Register any
settlement that it provisionally accepts under the Consumer Product
Safety Act. Published below is a provisionally accepted Settlement
Agreement with The Clorox Company, containing a civil penalty in the
amount of $14,150,000 subject to the terms and conditions of the
Settlement Agreement. The Commission provisionally accepted the
proposed Settlement Agreement and
[[Page 3442]]
Order pertaining to The Clorox Company.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by February 11, 2026.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to Comment 26-C0001, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7479 (office); email: <a href="/cdn-cgi/l/email-protection#90f3e0e3f3bdffe3d0f3e0e3f3bef7ffe6"><span class="__cf_email__" data-cfemail="97f4e7e4f4baf8e4d7f4e7e4f4b9f0f8e1">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Mark Raffman, Trial Attorney, Division
of Enforcement and Litigation, Office of Compliance and Field
Operations, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, Maryland 20814; <a href="/cdn-cgi/l/email-protection#117c637077777c707f51726162723f767e67"><span class="__cf_email__" data-cfemail="a0cdd2c1c6c6cdc1cee0c3d0d3c38ec7cfd6">[email protected]</span></a>; 301-504-6906 (office)/202-
329-3309 (mobile).
SUPPLEMENTARY INFORMATION: The text of the Settlement Agreement and
Order appear below.
Dated: January 22, 2026.
Brianna Bell,
Paralegal Specialist.
United States of America
Consumer Product Safety Commission
In the Matter of: THE CLOROX COMPANY
CPSC Docket No.: 26-C0001
Settlement Agreement
1. In accordance with the Consumer Product Safety Act, 15 U.S.C.
2051-2089 (``CPSA''), and 16 CFR 1118.20, The Clorox Company
(``Clorox'' or ``the Firm''), and the United States Consumer Product
Safety Commission (``Commission'' or ``CPSC''), through its staff,
hereby enter into this Settlement Agreement (``Agreement''). The
Agreement and the incorporated attached Order resolve staff's charges
set forth below.
The Parties
2. The Commission is an independent federal regulatory agency,
established pursuant to, and responsible for, the enforcement of the
CPSA, 15 U.S.C. 2051-2089. By executing the Agreement, staff is acting
on behalf of the Commission, pursuant to 16 CFR 1118.20(b). The
Commission issues the Order under the provisions of the CPSA.
3. The Clorox Company is a corporation, organized and existing
under the laws of the state of Delaware, with its principal place of
business in Oakland, California.
Staff Charges
4. Between 2009 and 2022, Clorox manufactured, imported and
distributed in the United States approximately 440 million units of
Pine Sol Scented Multi-Surface Cleaners, including 37 million units
produced between January 2021 and September 2022 where testing
identified bacteria in certain products (the ``Subject Products'').
5. The Subject Products are ``consumer products'' that were
``manufactured'' and ``distribut[ed] in commerce,'' as those terms are
defined or used in sections 3(a)(5), (8), and (10) of the CPSA, 15
U.S.C. 2052(a)(5), (8), and (10). Clorox is a ``manufacturer'' and
``distributor'' of the Subject Products, as such terms are defined in
sections 3(a)(7) and (11) of the CPSA, 15 U.S.C. 2052(a)(7) and (11).
Violation of CPSA Section 19(a)(4)
6. The Subject Products contain a defect which could create a
substantial product hazard or create an unreasonable risk of serious
injury because they may contain bacteria, including Pseudomonas
aeruginosa, and because people with weakened immune systems or external
medical devices who are exposed to Pseudomonas aeruginosa face a risk
of serious infection that may require medical treatment.
7. In early 2019, Clorox microbiologists issued a written report
documenting bacterial contamination in storage tanks and finished
product, which they described as ``possibly a Pseudomonad.''
Subsequently, Clorox received reports of cloudiness in products in
certain retail stores, and a report from a distributor regarding cloudy
products that had been distributed in multiple locations. While Clorox
took steps to mitigate the potential for bacterial contamination,
Clorox did not immediately report to the Commission.
8. Despite possessing information that reasonably supported the
conclusion that the Subject Products contained a defect that could
create a substantial product hazard or created an unreasonable risk of
serious injury, Clorox did not immediately report to the Commission. In
fact Clorox did not report the defect or risk to the Commission until
September 2022.
9. The Commission and Clorox jointly announced a voluntary recall
of the Subject Products on October 25, 2022.
Failure To Timely Report
10. Despite having information reasonably supporting the conclusion
that the Subject Products contained a defect which could create a
substantial product hazard or created an unreasonable risk of serious
injury or death, Clorox did not notify the Commission immediately of
such defect or risk, as required by sections 15(b)(3) and (4) of the
CPSA, 15 U.S.C. 2064(b)(3), (4), in violation of section 19(a)(4) of
the CPSA, 15 U.S.C. 2068(a)(4).
11. Because the information in Clorox's possession about the
Subject Products constituted actual and presumed knowledge, Clorox
knowingly violated section 19(a)(4) of the CPSA, 15 U.S.C. 2068(a)(4),
as the term ``knowingly'' is defined in section 20(d) of the CPSA, 15
U.S.C. 2069(d).
12. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Clorox is
subject to civil penalties for its knowing violation of section
19(a)(4) of the CPSA, 15 U.S.C. 2068(a)(4).
Response of Firm
13. This Agreement does not constitute an admission by Clorox to
the staff's charges as set forth in paragraphs 4 through 12 above,
including without limitation that the Subject Products in fact
contained a defect that could create a substantial product hazard or
created an unreasonable risk of serious injury or death; that Clorox
had an obligation to, and failed to, notify the Commission in a timely
matter in accordance with section 15(b) of the CPSA, 15 U.S.C. 2064(b);
and that Clorox knowingly violated section 19(a)(4) of the CPSA, 15
U.S.C. 2068(a)(4), as the term ``knowingly'' is defined in section
20(d) of the CPSA, 15 U.S.C. 2069(d).
14. At all relevant times, Clorox had a compliance program and took
reasonable steps to monitor, evaluate, and address reports of possible
bacteria contained in the Subject Products.
15. Clorox promptly notified the Commission under Section 15(b) of
the CPSA after identifying Pseudomonas aeruginosa and conducted a
voluntary recall of the Subject Products, which was announced in
October 2022.
16. Clorox enters into this Agreement to settle this matter and to
avoid the cost, distraction, delay, uncertainty, and inconvenience of
protracted litigation or other proceedings. Clorox does not admit that
it violated the CPSA or any other law, nor that reportable information
or a substantial product hazard existed. Clorox's willingness to enter
into this Agreement and Order does not constitute, nor is it evidence
of,
[[Page 3443]]
an admission by Clorox of liability, or violation of any law.
Agreement of the Parties
17. Under the CPSA, the Commission has jurisdiction over the matter
involving the Subject Products and over Clorox.
18. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Clorox or a
determination by the Commission that Clorox violated the CPSA.
19. In settlement of staff's charges, Clorox shall pay a civil
penalty in the amount of fourteen million, one hundred and fifty
thousand dollars ($14,150,000.00). The $14.15 million Payment shall be
paid within thirty (30) calendar days after receiving service of the
Commission's final Order accepting the Agreement. All payments to be
made under the Agreement shall constitute debts owing to the United
States and shall be made by electronic wire transfer to the United
States via <a href="http://www.pay.gov">http://www.pay.gov</a>, for allocation to, and credit against,
the payment obligations of Clorox under this Agreement. Failure to make
such payment by the date specified in the Commission's final Order
shall constitute Default.
20. The Commission or the United States may seek enforcement for
any breach of, or any failure to comply with, any provision of this
Agreement and Order in United States District Court, to seek relief
including, but not limited to, collecting amounts due.
21. All unpaid amounts, if any, due and owing under the Agreement,
shall constitute a debt due and immediately owing by Clorox to the
United States, and interest shall accrue and be paid by Clorox at the
federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b)
from the date of Default, until all amounts due have been paid in full
(hereinafter ``Default Payment Amount'' and ``Default Interest
Balance''). Clorox shall consent to a Consent Judgment in the amount of
the Default Payment Amount and Default Interest Balance, and the United
States, at its sole option, may collect the entire Default Payment
Amount and Default Interest Balance, or exercise any other rights
granted by law or in equity, including, but not limited to, referring
such matters for private collection, and Clorox agrees not to contest,
and hereby waives and discharges any defenses to, any collection action
undertaken by the United States, or its agents or contractors, pursuant
to this paragraph. Clorox shall pay the United States all reasonable
costs of collection and enforcement under this paragraph, respectively,
including reasonable attorney's fees and expenses.
22. After staff receives this Agreement executed on behalf of
Clorox, staff shall promptly submit the Agreement to the Commission for
provisional acceptance. Promptly following provisional acceptance of
the Agreement by the Commission, the Agreement shall be placed on the
public record and published in the Federal Register, in accordance with
the procedures set forth in 16 CFR 1118.20(e). If the Commission does
not receive any written request not to accept the Agreement within
fifteen (15) calendar days, the Agreement shall be deemed finally
accepted on the 16th calendar day after the date the Agreement is
published in the Federal Register, in accordance with 16 CFR
1118.20(f).
23. This Agreement is conditioned upon, and subject to, the
Commission's final acceptance, as set forth above, and it is subject to
the provisions of 16 CFR 1118.20(h). Upon the later of: (i) the
Commission's final acceptance of this Agreement and service of the
accepted Agreement upon Clorox, and (ii) the date of issuance of the
final Order, this Agreement shall be in full force and effect, and
shall be binding upon the parties.
24. Effective upon the later of: (1) the Commission's final
acceptance of the Agreement and service of the accepted Agreement upon
Clorox and (2) and the date of issuance of the final Order, for good
and valuable consideration, Clorox hereby expressly and irrevocably
waives and agrees not to assert any past, present, or future rights to
the following, in connection with the matter described in this
Agreement:
(i) an administrative or judicial hearing;
(ii) judicial review or other challenge or contest of the
Commission's actions;
(iii) a determination by the Commission of whether Clorox failed to
comply with the CPSA and the underlying regulations;
(iv) a statement of findings of fact and conclusions of law; and
(v) any claims under the Equal Access to Justice Act.
25. Clorox shall maintain a compliance program (``Compliance
Program'') designed to ensure compliance with the CPSA with respect to
any consumer product imported, manufactured, distributed or sold by
Clorox, which shall contain the following elements:
(i) written standards, policies, and procedures, including those
designed to ensure that information that may relate to or impact CPSA
compliance is conveyed effectively to personnel responsible for CPSA
compliance, whether or not an injury has been reported;
(ii) procedures and systems for tracking and reviewing claims,
including warranty claims, and reports for safety concerns and for
implementing corrective and preventive actions when compliance
deficiencies or violations are identified;
(iii) procedures requiring that information required to be
disclosed by Clorox to the Commission is recorded, processed, and
reported in accordance with applicable law;
(iv) procedures requiring that all reporting made to the Commission
is timely, truthful, complete, accurate, and in accordance with
applicable law;
(v) procedures requiring that prompt disclosure is made to Clorox
management of any significant deficiencies or material weaknesses in
the design or operation of such internal controls that are reasonably
likely to affect adversely, in any material respect, Clorox's ability
to record, process and report to the Commission in accordance with
applicable law;
(vi) mechanisms to effectively communicate to all applicable Clorox
employees, through training programs or other means, compliance-related
company policies and procedures to prevent violations of the CPSA;
(vii) a mechanism for confidential employee reporting of
compliance-related questions or concerns to either a compliance officer
or to another senior manager with authority to act as necessary;
(viii) Clorox's senior management responsibility for, and general
board oversight of, CPSA compliance, including the implementation of
steps to ensure that incident and injury data is reviewed and analyzed
for purposes of CPSA Section 15(b) reporting;
(ix) specific protocols for the prevention, detection, remediation,
and reporting of bacterial contamination hazards in Pine Sol Scented
Multi-Surface Cleaners (including but not limited to Pseudomonas
aeruginosa), including: (a) protocols for routine cleaning and
sanitation of manufacturing equipment, including environmental
monitoring; (b) protocols for identifying potentially-contaminated
product; (c) triggers for species-specific testing; (d) triggers for
escalation of potentially-reportable bacterial hazards; and (e)
protocols for corrective action where warranted;
(x) an annual internal audit of the effectiveness of policies,
procedures, systems, and training related to CPSA compliance that
evaluates opportunities
[[Page 3444]]
for improvement, deficiencies or weaknesses, and the Firm's overall
culture of compliance; and
(xi) retention of all CPSA compliance-related records for at least
five (5) years, and availability of such records to CPSC staff upon
request.
26. Clorox shall submit a report under CPSA Section 16(b), sworn to
under penalty of perjury:
(i) describing in detail its compliance program and internal
controls and the actions Clorox has taken to maintain its compliance
program and comply with each subparagraph of paragraph 25;
(ii) affirming that during the reporting period, Clorox has
reviewed its compliance program and internal controls, including the
actions referenced in subparagraph (i) of this paragraph, for
effectiveness, and that it complies with each subparagraph of paragraph
25, or describing in detail any non-compliance with any such
subparagraph; and
(iii) identifying the results of the annual internal audit
referenced in paragraph 25(x) and any changes or modifications made
during the reporting period to Firm's compliance program or internal
controls to ensure compliance with the terms of the CPSA and, in
particular, the requirements of CPSA Section 15 related to timely
reporting.
Such reports shall be submitted annually to the Director, Office of
Compliance, Division of Enforcement and Litigation, for a period of
three (3) years. The first report shall be submitted 30 days after the
close of the first 12-month reporting period, which begins on the date
of the Commission's Final Order of Acceptance of the Agreement, and
successive reports shall be due annually on the same date thereafter.
Without limitation, Clorox acknowledges and agrees that failure to make
such timely and accurate reports, as required by this Agreement and
Order, may constitute a violation of Section 19(a)(3) of the CPSA, 15
U.S.C. 2068(a)(3), and may subject Clorox to enforcement under Section
22 of the CPSA, 15 U.S.C. 2071.
27. Notwithstanding and in addition to the above, during the
reporting period set forth in Section 26 above, on a quarterly basis
Clorox shall provide written documentation of any changes or
modifications to its Compliance Program or internal controls and
procedures, including the effective dates of the changes or
modifications thereto. Clorox shall cooperate fully and truthfully with
staff and shall make available all non-privileged information and
materials and personnel deemed necessary by staff to evaluate Clorox's
compliance with the terms of the Agreement.
28. The parties acknowledge and agree that the Commission may
publicize the terms of the Agreement and the Order.
29. Clorox represents that the Agreement:
(i) is entered into freely and voluntarily, without any degree of
duress or compulsion whatsoever;
(ii) has been duly authorized; and
(iii) constitutes the valid and binding obligation of Clorox,
enforceable against Clorox in accordance with its terms. The
individuals signing the Agreement on behalf of Clorox represent and
warrant that they are duly authorized by Clorox to execute the
Agreement.
30. The signatories represent that they are authorized to execute
this Agreement.
31. The Agreement is governed by the laws of the United States.
32. The Agreement and the Order shall apply to, and be binding
upon, Clorox and each of its parents, successors, transferees, and
assigns; and a violation of the Agreement or Order may subject Clorox,
and each of its parents, successors, transferees, and assigns, to
appropriate legal action.
33. The Agreement, any attachments, and the Order constitute the
complete agreement between the parties on the subject matter contained
therein.
34. The Agreement may be used in interpreting the Order.
Understandings, agreements, representations, or interpretations apart
from those contained in the Agreement and the Order may not be used to
vary or contradict their terms. For purposes of construction, the
Agreement shall be deemed to have been drafted by both of the parties
and shall not, therefore, be construed against any party, for that
reason, in any subsequent dispute.
35. The Agreement may not be waived, amended, modified, or
otherwise altered, except as in accordance with the provisions of 16
CFR 1118.20(h). The Agreement may be executed in counterparts.
36. If any provision of the Agreement or the Order is held to be
illegal, invalid, or unenforceable under present or future laws
effective during the terms of the Agreement and the Order, such
provision shall be fully severable. The balance of the Agreement and
the Order shall remain in full force and effect, unless the Commission
and Firm agree in writing that severing the provision materially
affects the purpose of the Agreement and the Order.
(Signatures on next page)
THE CLOROX COMPANY
Dated: 1/15/2026.
By:___S___
Chris Hyder,
The Clorox Company, EVP and Group President--Health & Hygiene.
Dated: 1/15/2026.
By:___S___
Matthew R. Howsare,
Cooley LLP, Counsel to The Clorox Company.
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Mary B. Murphy,
Director.
Leah Wade,
Supervisory Attorney.
Dated: 1/16/2026.
By:___S___
Mark S. Raffman,
Senior Trial Attorney, Division of Enforcement and Litigation,
Office of Compliance and Field Operations.
United States of America
Consumer Product Safety Commission
In the Matter of: THE CLOROX COMPANY
CPSC Docket No.: 26-C0001
Order
Upon consideration of the Settlement Agreement entered into between
The Clorox Company (``Firm'') and the U.S. Consumer Product Safety
Commission (``Commission'' or ``CPSC''), and the Commission having
jurisdiction over the subject matter and over Firm, and it appearing
that the Settlement Agreement is in the public interest, the Settlement
Agreement is incorporated by reference and it is:
Provisionally accepted and this Order issued on the 22 day of
January, 2026.
By order of the commission.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2026-01545 Filed 1-26-26; 8:45 am]
BILLING CODE 6355-01-P
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