Kroger

Policy:Adopted a retailer safer chemicals policy

5 out of 23.5 points

In 2019, Kroger finally set a deadline to phase out BPA in its private-label cans, stating: “To date, we have transitioned 92% of our products to feasible, non-BPA alternatives — this includes all canned offerings under our Simple Truth Organic® brand — and intend to complete this process by the end of 2020.” In December 2020 the company shared this update: “Kroger maintains its commitment to complete the phase out BPA from all canned Our Brands items. To date, we have converted all canned food items and the vast majority of canned beverage items (reaching over 90% of the relevant assortment). We have experienced some delays in meeting our end-2020 timeline due to supply chain constraints, but will complete the phaseout process once BPANI cans are available. Once completed, Kroger will be one of the first large brands to phase out BPA from its beverage cans.” Partial credit is awarded for Kroger having a limited packaging BRSL prohibiting BPA from cans and for setting limited public quantifiable goals.

Kroger has published a list of chemicals of concern that it prohibits in “natural” and “organic” private-label household, cleaning and personal care items (including a few PFAS chemicals in health and beauty products) as well as a list of direct food additives it prohibits in food (but generally not indirect food additives such as PFAS), but no credit is awarded for this, as establishing a “free from” list only for organic and natural product lines does not represent progress toward making all of Kroger’s products safer.

In 2020, Kroger stated in its sustainability report it: “developed an Apparel Restricted Substance Policy that adopts the Apparel and Footwear International RSL Management (AFIRM) Group’s Restricted Substances List (RSL).” In December 2020, the company noted: “Kroger’s apparel RSL, and associated testing protocol, includes chemicals of concern that go beyond U.S. regulatory requirements by targeting globally restricted chemicals (such as those reflected in E.U. requirements) as well as other non-regulated chemicals known to have been previously used in apparel.” The company also previously noted it will consider adding a manufacturing restricted substance list (MRSL) in the future, but no information about that is available. Partial credit is awarded given that apparel is a minor category for a major grocery chain.

In 2017, the company disclosed it was working with key stakeholders to review options for a future chemicals policy, and in December 2020 reported that it: “is in process of developing a Safer Chemicals Statement, to capture and summarize our commitment to moving to safer chemicals in our products.” Partial credit is awarded for developing a policy statement.

Kroger does not yet have a public written safer chemicals policy. The company also has no publicly available BRSL (besides those for cans, apparel, and natural and organic products), MRSL, or beyond restricted material list (BRML) for plastics of environmental health concern. The company’s policy does not appear to apply to beauty products of environmental justice concern (BPEJC).

Glossary of Terms

Oversight: Established management responsibilities and incentives

1.25 out of 5 points

Although Kroger has no public written safer chemicals policy, a corporate manager at Kroger has some responsibility for product safety related to chemical hazards in products. In 2019, the company stated: “Kroger’s Corporate Food Technology group’s mission is to ensure food safety, and that includes continuous evaluation of Kroger’s products for attributes that are undesirable to our customers for health and safety reasons. In addition to the leadership of our Corporate Food Technology group in ensuring product safety, Kroger relies on the expertise and guidance of our Brands, packaging, manufacturing and compliance teams, including our Chief Ethics & Compliance Officer, to identify opportunities to move to safer chemicals, such as the work underway to adopt a Restricted Substance Policy for apparel.”

Partial credit is awarded since the company does not yet have a safer chemicals policy.

Glossary of Terms

Accountability: Ensures supply chain accountability

5 out of 15 points

In December 2020 Kroger stated: “A more recent development is the adoption of AFIRM’s Restricted Substance List for our private label apparel brands. After finalizing our policy and requirements, we shared it with our suppliers and provided four training sessions, for our U.S. based vendors and factories located in Asia, in the fall of 2020. Supplier testing and data collection by Kroger has now commenced, with policy compliance timeframes set at appropriate times in the future. Kroger’s apparel RSL, and associated testing protocol, includes chemicals of concern that go beyond U.S. regulatory requirements by targeting globally restricted chemicals (such as those reflected in E.U. requirements) as well as other non-regulated chemicals known to have been previously used in apparel.”

Kroger does utilize routine third-party product testing to facilitate chemicals reporting requirements for children’s products sold in the states of Oregon and Washington, but this is primarily to meet regulatory requirements. Kroger’s 2020 ESG report states: “Our regulatory compliance and quality-assurance programs define product and supplier requirements such as quality specifications, testing protocols, and reporting and labeling to ensure safe, high-quality products” but it is unclear whether the quality assurance testing protocols are designed to measure compliance with the BPA restriction or apparel RSL.

Kroger has not disclosed if it incorporates its BRSL for food packaging and apparel in supplier contracts.

Glossary of Terms

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

10.5 out of 26 points

In 2011, the company first pledged to address BPA in canned food liners. It reported progress in its 2018 Sustainability Report, stating: “As of May 2018, we have converted 92% of applicable Our Brands canned goods to Non-BPA liners. This includes all canned offerings under our Simple Truth Organic® brand. As packaging labels get updated, customers can identify which canned goods have Non-BPA liners by simply locating our standardized Non-BPA liner icon across the Our Brands portfolio.” This demonstrates substantive progress over time, though the company reported the same percentage in the 2019 and 2020 sustainability reports, indicating no additional progress had been made since 2018 . In 2019, Kroger finally set a deadline—the end of 2020—to phase out BPA in its private-label cans.

In December 2020, it shared this update: “Kroger maintains its commitment to complete the phase out BPA from all canned Our Brands items. To date, we have converted all canned food items and the vast majority of canned beverage items (reaching over 90% of the relevant assortment). We have experienced some delays in meeting our end-2020 timeline due to supply chain constraints, but will complete the phaseout process once BPANI [BPA non-intent] cans are available. Once completed, Kroger will be one of the first large brands to phase out BPA from its beverage cans.”

In December 2020, the company reported it recently adopted “AFIRM’s Restricted Substance List for our private label apparel brands…Supplier testing and data collection by Kroger has now commenced, with policy compliance timeframes set at appropriate times in the future. Kroger’s apparel RSL, and associated testing protocol, includes chemicals of concern that go beyond U.S. regulatory requirements by targeting globally restricted chemicals (such as those reflected in E.U. requirements) as well as other non-regulated chemicals known to have been previously used in apparel.”

Kroger reported in 2018 that it: “removed parabens, phthalates and formaldehyde donors from several Kroger brand health and beauty care items including skin lotions, skin cleansers, sunscreen, oral care and shampoo” and that these reformulated products arrived on store shelves in 2018. The company shared that it “is also evaluating Our Brands products against the EPA Safer Choice program specifications.” In its 2019 sustainability report, the company reported: “In 2019, we are slated to introduce reformulated liquid hand wash products that are certified to the U.S. EPA’s Safer Choice standard.” The company’s 2020 ESG report stated: “Several Our Brands products have been certified with the EPA Safer Choice label” but did not identify what those products were.

The company had previously noted: “Kroger continuously evaluates its products for undesirable ingredients in order to keep our customers safe and to respond to their concerns. We review products on a category basis to remove chemicals of concern and undesirable ingredients such as artificial colors and flavors, additives and preservatives.” In addition, Kroger’s Simple Truth and Simple Truth Organic brands maintain lists of undesirable ingredients for both food and non-food products that suppliers must avoid in producing these products. In December 2020, it reported: “Kroger’s own Simple Truth® and Simple Truth Organic® product lines continue to expand—reaching more than 2,300 unique products in 2019—and remain the second-largest brand in our retail stores, based on sales.” A list of Kroger’s FREE FROM ingredients can be found on its Simple Truth website.

Kroger has not publicly documented progress on reducing chemicals of high concern in beauty products of environmental justice concern or plastics of environmental health concern 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 company stated in 2019: “Kroger continues to work with our suppliers to find replacements for undesirable product ingredients. Suppliers must demonstrate the safety of the alternatives they are using, with suitable alternatives varying by product category” but still does not define how it evaluates alternatives. The reports “Kicking the Can?” and “BPA Buyer Beware,” published respectively in 2017 and 2016, documented regrettable substitutes, such as vinyl- and styrene-based resins, in Kroger’s BPA-free cans. This demonstrates that Kroger must develop a more robust program to evaluate alternatives when eliminating or reducing CHCs to avoid regrettable substitutes such as these, especially as it aims to achieve the phase-out by the end of 2020.

Glossary of Terms

Transparency: Demonstrates a commitment to transparency and public disclosure

5 out of 20 points

Kroger has published a partial beyond restricted substance list for packaging, restricting BPA in its private-label packaging. In 2020, Kroger announced it: “developed an Apparel Restricted Substance Policy that adopts the Apparel and Footwear International RSL Management (AFIRM) Group’s Restricted Substances List (RSL)”, which is publicly available.

Kroger has published a list of chemicals and other ingredients it prohibits in “natural” and “organic” private-label everyday household, cleaning, and personal care items, including phthalates and certain parabens. The list is online at https://www.kroger.com/d/non-food-free-from-list. However, the “free-from” list only applies to natural and organic products and does not apply more broadly.

In 2017, Kroger stated it: “is currently working with key stakeholders to review options for a future chemicals policy” and in December 2020 shared this update: “Kroger is in process of developing a Safer Chemicals Statement, to capture and summarize our commitment to moving to safer chemicals in our products. ”

Kroger does not appear to encourage or require suppliers to publicly disclose ingredients in products online or on product packaging going beyond regulatory compliance.

Glossary of Terms

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

3.75 out of 8.5 points

Kroger sells products that meet credible third-party safer chemicals standards going beyond regulatory compliance. Kroger stated in its most recent ESG report that: “several Our Brands products have been certified with the EPA Safer Choice label, demonstrating to consumers that they contain ingredients considered safer for human health and the environment.” Kroger also carries EPA Safer Choice products produced by brands such as Earth Friendly Products, CLR, Seventh Generation, and Quick Shine. Kroger promotes safer products that meet the Safer Choice criteria such as these through its in-store and online Sustainability Lives Here sales event.

In 2019, the company previously stated: “1) Several Kroger brand hand soaps are formulated to align with the EPA Safer Choice standard. We are evaluating additional formulated product categories for EPA Safer Choice alignment in the next few years. (2) We have recently began sourcing OEKO-TEX® STANDARD 100 certified products in some of our bedding and home textile products. This means that these products have been tested and passed for harmful substances in accordance with STANDARD 100 by OEKO-TEX®.” However, OEKO-TEX does not go far enough in addressing key classes of chemicals such as PFAS and flame retardants.

Glossary of Terms