The protection of trade secrets and confidential business information is critical to maintaining a competitive position. Manufacturers and sellers of consumer products, however, may find it more difficult to protect their trade secrets under the proposed Safer Consumer Products Regulations issued by the California Department of Toxic Substances Control, or DTSC.

In 2008, California adopted statutes known as the Green Chemistry Initiative, which was intended to reduce the chemical hazards by requiring the DTSC to establish a process to identify, prioritize and evaluate chemicals of concern in consumer products sold in California by Jan. 1, 2011 (See Health & Safety Code, §25252(a)).