Clorox Agrees to Pay $14.15 Million Civil Penalty for Failure to Immediately Report Bacterial Hazard with Pine-Sol Scented Multi-Surface Cleaning Products

WASHINGTON, D.C. –  The U.S. Consumer Product Safety Commission (CPSC) is announcing that The Clorox Company, of Oakland, California, has agreed to pay a $14.15 million civil penalty. The settlement, which has been provisionally accepted by CPSC, resolves CPSC’s charges that Clorox knowingly failed to immediately report to CPSC, as required by law, that its Pine-Sol Scented Multi-Surface Cleaning Products contained a defect that could create a substantial product hazard or created an unreasonable risk of serious injury or death to consumers. 

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 as required.     

“Prompt reporting of safety risks saves lives, and CPSC will not hesitate to enforce the law when companies fail to meet their obligations,” said CPSC Acting Chairman Peter A. Feldman. “This proposed settlement sends a clear message: firms that delay reporting serious hazards do so at their own risk."

The Commission and Clorox jointly announced a recall of the Pine-Sol scented cleaning products on October 25, 2022. The recall stated that the recalled products may contain bacteria, including Pseudomonas aeruginosa, an environmental organism found widely in soil and water, and that 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.  

In addition to the $14.15 million civil penalty, the settlement agreement requires Clorox to maintain internal controls and procedures designed to ensure compliance with the Consumer Product Safety Act (CPSA), including enhancements to its compliance program. Clorox has also agreed to submit an annual report regarding its compliance program, internal controls, and internal audit of the effectiveness of compliance policies, procedures, systems and training. 

The Commission has provisionally accepted the settlement agreement, subject to public comment. Mark S. Raffman, a Senior Trial Attorney in the Division of Enforcement and Litigation, represented the Commission in this enforcement action.