Kohl’s

Policy:Adopted a retailer safer chemicals policy

11.25 out of 23.5 points

Kohl’s has a written safer chemicals policy that, in addition to requiring all vendors to comply with regulatory and legal requirements, imposes a beyond restricted substance list (BRSL) on its private-label and direct-import products and packaging. In December 2020, the retailer publicly released the BRSL, which includes over 100 chemicals, including many (but not all) phthalates. The BRSL only includes two specific per- and polyfluoroalkyl substances (PFAS), PFOS and PFOA, both of which are already largely restricted by regulation, rather than addressing the persistent toxics as a class. Kohl’s states the policy applies to all Kohl’s locations. The retailer does not have a separate manufacturing restricted substance list (MRSL), but notes that its policy, including the BRSL, applies “…to all raw materials, component parts, chemicals, packaging, labels and other goods, including sundries utilized in the manufacturing process and ultimately finished product,” for which we award partial credit. Kohl’s further committed to aligning its restrictions on manufacturing process chemicals with the Zero Discharge of Hazardous Chemicals (ZDHC) recommendations by 2022.

While Kohl’s states that, “Within our corporate, retail, and distribution operations, Kohl’s actively reviews opportunities to reduce the use of chemicals,” it does not appear to apply a BRSL to its operations. The retailer has not set public quantifiable goals for reducing and eliminating chemicals of high concern (CHCs) or plastics of environmental health concern (PEHCs), and does not have a publicly available beyond restricted material list (BRML) for PEHCs. The company’s policy does not appear to apply to beauty products of environmental justice concern (BPEJC).

Glossary of Terms

Accountability: Ensures supply chain accountability

10 out of 15 points

The Kohl’s safer chemicals policy states that its suppliers must “undergo third-party testing to ensure all products are produced, processed, manufactured, and tested in full compliance with all applicable law,” and the retailer provided us with additional documentation confirming that this includes third-party testing by the supplier for chemicals covered under its BRSL. The BRSL requirements are included in the contractual purchase order between Kohl’s and its suppliers. The retailer additionally notes that it “…provides training to help factories improve their chemical management, including understanding risk and the importance of taking proper precautions.” Kohl’s provided us with additional clarification that this training covers details of its chemicals policy. The retailer also confirmed to us that its “corporate testing program” for its private-label products includes, “…rigorous product testing at independent third-party laboratories to ensure all products are produced, processed, manufactured, and tested in full compliance with all applicable laws and Kohl’s Chemical Management Policy.”

Glossary of Terms

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

6 out of 26 points

Kohl’s noted that 100% of its private-label towels and sheets are in conformance with MADE IN GREEN by OEKO-TEX that has led to the reduction of the use of chemicals of high concern (CHCs) in these products. While the retailer also noted many initiatives to expand its focus on safer products, and highlighted successes of brands it sells in reducing their chemical footprints, it has not presented any public quantifiable metrics of the impacts of these actions.

Kohl’s has not publicly documented progress on reducing plastics of environmental health concern (PEHCs) beyond regulatory compliance in the last three years.

Glossary of Terms

Safer Alternatives: Evaluates safer alternatives, avoids regrettable substitutes

2 out of 16 points

The Kohl’s policy states: “we look to partner with suppliers to identify opportunities to transition to preferred chemicals.” However, it does not provide specific guidance as to how safer chemicals are identified or screened.

Glossary of Terms

Transparency: Demonstrates a commitment to transparency and public disclosure

8.25 out of 20 points

In 2020, Kohl’s made its beyond restricted substance list (BRSL) and limited manufacturing restricted substance list (MRSL) public on its website, along with its updated safer chemicals policy.

The retailer noted that it “strive(s) to increase transparency to chemicals contained in or used to make the products we use and sell at Kohl’s,” and has launched partnerships with lines of beauty products that include specific beyond restricted substance lists (BRSLs) and additional ingredient disclosures on-package and online. We have awarded partial credit for this effort. However, Kohl’s does not appear to encourage or require suppliers to publicly disclose ingredients in products online or on product packaging going beyond regulatory compliance in any major category of products.

Glossary of Terms

Third-party Standards: Promotes credible third-party standards for safer products

5.25 out of 8.5 points

Kohl’s requires OEKO-TEX certification for a significant number of textile products it sells, including 100% of its private-label towels and sheets. The company informed us that it has created a system for tracking the number of items certified to this third-party standard. However, OEKO-TEX still allows the use of high concern flame retardants and per- and polyfluoroalkyl substances (PFAS), and therefore we have awarded partial credit for this action.

Glossary of Terms