Bed Bath & Beyond

Policy:Adopted a retailer safer chemicals policy

13.75 out of 23.5 points

Bed Bath & Beyond, including subsidiary buybuy BABY (BBBY), has a written safer chemicals policy that is publicly available on their website. It includes a restricted substances list (RSL) that meets our definitions of a “beyond restricted substances list” (BRSL) as it goes beyond regulatory requirements. It is updated annually.

One subset of that list is a BRSL it calls its Priority Chemicals List, which restricts parabens, phthalates, formaldehyde and formaldehyde donors, nonylphenol and nonylphenol ethoxylates, toluene, and triclosan in baby care products, household cleaning products, personal care products, and beauty products. Another subset of the RSL is a flame retardants list of 11 chemicals that must not be present in any product (beyond regulatory limits for some product categories). Also part of the broad restricted substances list, the company also has a manufacturing restricted substances list (MRSL). The BRSL applies to all stores, including those outside the U.S.

The company received partial credit for the following actions: BBBY set a timeline to eliminate intentionally added priority chemicals from private-label baby personal care products by the end of 2020. Additionally, the company has a program to reduce the impact of product packaging for private-label products, including efforts to move away from polyvinyl chloride (PVC) packaging for sheets, duvets, and comforters and toxic inks for all packaging. It is unclear if the company’s policy applies to beauty products of environmental justice concern (BPEJC).

Glossary of Terms

Oversight: Established management responsibilities and incentives

2.5 out of 5 points

Several staff are assigned to safer chemicals management up to the vice president level. Bed Bath & Beyond (including subsidiary buybuy BABY) does not appear to offer financial incentives for senior management to implement its safer chemicals policy.

Glossary of Terms

Accountability: Ensures supply chain accountability

7.5 out of 15 points

Bed Bath & Beyond (including subsidiary buybuy BABY) requires third-party testing to verify compliance with its specifications and legal requirements as part of its safer chemicals policy. This includes tests conducted to verify achieving more stringent restrictions, such as on lead, cadmium, phthalates, and flame retardant chemicals. Bed Bath & Beyond/buybuy BABY reserves the right to conduct its own testing to ensure supplier conformance with its safer chemicals policy. It does not routinely test parts, materials, or ingredients.

As indicated by Bed Bath & Beyond’s Domestic Vendor Compliance Guide, suppliers are required to accept and agree to the Product Safety & Compliance Manual, which references requirements in the company’s BRSL, as a condition of doing business with the company. By this method they are included in contracts. It does not appear that the company requires that vendors conduct testing in third-party laboratories and provide results to the retailer to ensure suppliers comply with its safer chemicals policy, BRSL, MRSL, or BRML.

The company trains vendors/suppliers on its chemical policies regularly.

Glossary of Terms

Disclosure: Requires suppliers to report use of chemicals in products to retailer

7 out of 17.5 points

Vendors of both private-label and brand-name products must supply all chemical ingredients for all formulated products (personal care and household cleaning products) to WERCS. There is no indication that they are required to disclose fragrance ingredients or impurities. The company also receives one point of extra credit for applying its disclosure policy to more than the number of major product categories specified in the rubric.

Glossary of Terms

Action: Reduced or eliminated chemicals of high concern (CHCs) or plastics of environmental health concern (PEHCs) within the last three years

4.5 out of 26 points

Bed Bath & Beyond (including subsidiary buybuy BABY) committed to reformulating private-label baby personal care products to avoid chemicals on their Priority Chemicals List by the end of 2020. On the shareholder call they confirmed this this was on-track, as did employees near the end of 2020. Bed Bath & Beyond has not publicly documented progress on reducing plastics of environmental health concern beyond regulatory compliance in the last three years.

Glossary of Terms

Safer Alternatives: Evaluates safer alternatives, avoids regrettable substitutes

5.5 out of 16 points

Bed Bath & Beyond (including subsidiary buybuy BABY)’s safer chemicals policy applies to both private-label and brand-name products. The company states: “Be reminded that vendors should avoid replacing substances of potential concern with another substance of equal or greater concern. Vendors should always seek known safer alternatives. The Company expects suppliers to select ingredients identified as Safer Chemicals by the U.S. Environmental Protection Agency (EPA) Safer Choice program, or to use EPA Safer Choice criteria or the safer alternatives Marketplace to evaluate and select safe substitutions.”

Glossary of Terms

Transparency: Demonstrates a commitment to transparency and public disclosure

8.25 out of 20 points

Bed Bath & Beyond’s safer chemicals policy and beyond restricted substance list (BRSL), as well as its manufacturing restricted substance list (MRSL) and beyond restricted material list (BRML), are publicly available.

Bed Bath & Beyond and buybuy BABY’s Priority Chemicals List policy includes encouragement for “all vendors of household cleaning, personal care, and cosmetics products to include ingredient disclosures on product packaging.” It does not encourage disclosing this information online.

Glossary of Terms