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Federal judge blocks FTC noncompete ban; ruling states FTC lacks authority to prohibit unfair competition methods

August 29, 2024 (press release) –

Welcome to the latest ISSA Legislative & Regulatory Update, a biweekly roundup of the public-policy issues currently impacting the full cleaning supply chain. This update touches on a federal judge blocking the FTC’s noncompete ban, an updated Safer Choice Standard, the impact of extended-producer-responsibility policies on the cleaning and facility-solutions industry, and more.

Want to stay informed about critical government affairs impacting the cleaning and facility-solutions industry? Sign up here to have the ISSA Legislative & Regulatory Update emailed directly to you every other week.

ISSA Advocacy

Federal Judge Blocks FTC Noncompete Ban
What it means: A federal judge in Texas barred a U.S. Federal Trade Commission (FTC) rule banning non-compete agreements from being enacted. According to Cleaning & Maintenance Management, the judge said that the FTC lacks the authority to ban practices that the commission deems unfair methods of competition. In response, the FTC said that it is considering an appeal. This ban was set to go into effect September 4.
Why it matters: While the FTC’s rule would have been the first nationwide ban, California, Minnesota, Oklahoma, and North Dakota already ban non-compete agreements. At least a dozen other states also have passed laws limiting their use. According to the FTC, an estimated 30 million workers–nearly one in five Americans–are subject to a non-compete clause.
What ISSA is doing: In a February 2023 letter to Congress, ISSA opposed the FTC’s proposed rule to impose a nationwide ban on non-compete clauses because the FTC “lacks the constitutional or statutory authority to issue such a rule and, in attempting to do so, the agency is improperly usurping the role of Congress.” Learn more

Safer Choice Gets Greener: Updates to EPA’s Standard
What it means: The U.S. Environmental Protection Agency (EPA) recently finalized revisions to its Safer Choice Standard, a program highlighting cleaning products, as well as prioritizing safety and sustainability.
Why it matters: These updates aim to bolster transparency, strengthen product safety and ecological impact, as well as broaden the program’s reach–they have implications for ISSA member companies across the cleaning and facility-solutions industry.
What ISSA is doing: This ISSA article summarizes the key updates and what they mean for our members across the cleaning supply chain, as well as recommends relevant actions and resources. Learn more

Understanding Extended Producer Responsibility and Its Impact on the Cleaning Industry
What it means: Extended Producer Responsibility (EPR) is a policy shifting the responsibility for end-of-life management of packaging from governments to “producers.”
Why it matters: Under EPR laws, manufacturers, brand owners, and distributors of commercial and consumer cleaning products are accountable for the entire life-cycle of the packaging in which their products are contained, from production to disposal. As this trend gains traction in the U.S., it’s crucial for members of the cleaning and facility-solutions industry to understand its implications.
What ISSA is doing: This ISSA article describes the rise of EPR in the U.S., including a handful of states that have implemented or are in the process of implementing EPR laws for packaging. Register here to join ISSA for our October 22 webinar on Navigating Extended Producer Responsibility in the Cleaning Industry. Learn more

Get Ready for Election Day!
What it means: Get ready for Election Day on November 5 by visiting ISSA’s Election Center.
Why it matters: With the presidency, 468 congressional seats (33 Senate seats and all 435 House seats), and 11 gubernatorial races all in play this November, now is the time to strengthen the voice of the cleaning and facility-solutions industry. The outcome of these elections will likely impact significant issues facing our industry related to labor, chemical regulations, and the supply chain. This is the time to make sure that you know who is running for public office and where to vote in your district.
What ISSA is doing: Visit the ISSA Election Center to easily:

  • Register to vote
  • Find your polling location
  • Check your candidates for upcoming elections, and more.

And save the date of 12 pm CT on December 11 for a free ISSA webinar on how the election results will likely impact your business and the cleaning and facility-solutions industry.


ISSA Announces Dates for 2025 Clean Advocacy Summit in DC
Why attend: “The 2025 Clean Advocacy Summit is a can’t-miss event if you want to help shape the future of the cleaning industry,” said ISSA Director of Government Affairs John Nothdurft. “Participation in the summit is critical for the cleaning industry to engage with a new administration and to build even stronger relationships with members of Congress no matter the outcome of the November elections.”

ISSA will host the Clean Advocacy Summit, the largest Capitol Hill fly-in event for the cleaning and facility-solutions industry, March 31-April 1, 2025, at the Royal Sonesta Washington, DC Capitol Hill hotel. In 2024, this event brought a record 120+ attendees from 32 states, who visited 133 congressional offices to advance the legislative priorities for the industry. Learn more

Q&A with Keith Schneringer
What it means: Keith Schneringer is the Senior Director of Marketing – JanSan + Sustainability at ISSA member company BradyPLUS. ISSA recently interviewed him about his 2024 industry honor, his mission, his thoughts on advocacy, his vision for the future, and other important topics.
Why it matters: Schneringer explained that “The cleaning industry is frequently referred to as a ‘hidden industry’ with ‘hidden heroes’ who are recognized mostly during challenging times like the recent pandemic. The more we can increase the visibility and awareness of the significant role our industry plays in society every day, the more success we will be able to achieve to come together and promote cleaning.”
What ISSA is doing: Schneringer highlighted several recent ISSA advocacy successes, including:

  • The ISSA Clean Advocacy Summit, which has grown from a group of 40 people to over 120 in the last several years;
  • National Cleaning Week, which evolved into International Cleaning Week this year;
  • The passage of the Pesticide Registration Improvement Act to provide necessary, additional resources to the U.S. Environmental Protection Agency’s Office of Pesticide Programs; and
  • Launching the Healthy Workplaces Coalition, which now has over 75 organizations, associations, and leaders working collaboratively to advance federal policies to promote healthy workplaces. Learn more

IWBI Healthy Building Policy Summit
Why attend: Attendees of the International WELL Building Institute (IWBI) Healthy Building Policy Summit will engage in dynamic conversations about policy actions that can accelerate the creation of better built environments, while learning from compelling speakers dedicated to advancing healthy buildings.

ISSA is delighted to partner with IWBI for its inaugural Healthy Building Policy Summit in Washington, DC on September 16, hosted at Georgetown University. Learn more and register

Webinar – Navigating Extended Producer Responsibility in the Cleaning Industry
Why attend: Extended Producer Responsibility (EPR) is a regulatory system that holds brands and other enterprises accountable for the waste that their products produce. EPR-related legislation aims to reduce packaging waste and support a circular economy.

In this ISSA webinar on October 22, we’ll explore how EPR is shaping the cleaning industry and what it means for your business. Learn more and register

Workshop – Keeping It Clean: Regulatory Compliance Review
Why attend: Ensure your continued success in the marketplace by attending Keeping it Clean: Regulatory Compliance Review on November 18 in Las Vegas, Nevada. This one-day, in-person workshop will address the trending topics that impact the manufacturing, packaging, marketing, and sale of household and commercial cleaning products, including regulatory, legislative, and sustainability updates.

The cleaning-products workshop is presented by ISSA and HCPA. Although part of ISSA Show North America 2024, separate registration for the workshop is required. Learn more and register

Additional Updates

State News

ME Can Now Order Employers to Pay Worker Damages for Missed Wages
Maine workers will now benefit from a new law that allows the state to order businesses to pay back wages as well as damages from missed wages, according to AP. Learn more

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