Eurofins | May 2019 regulatory Newsflash compilation | Toys & Childcare

Eurofins newsflash Consumer Products

France

No more phenoxyethanol in "non-rinsed" cosmetic products for children

On 20^th April 2019, the French Agence Nationale de Sécurité du Médicament et des Prouits de Santé (ANSM) published a decision about "non-rinsed" cosmetic products (excluding deodorants, styling products and make-up products) containing phenoxyethanol as preservative.

According to this decision, these products can only be placed on the market if they state on their labeling that they cannot be used on the buttocks of children 3 years old or under. This decision was taken, as a precautionary measure, in the light of new scientific data on exposure to phenoxyethanol, in order to guarantee the safe use of cosmetic products for children. It must take effect within 9 months.

This is the case, for example, of wipes. For other products intended for children aged 3 years and under, the maximum concentration of 1% phenoxyethanol is applicable, in accordance with the European Regulation on cosmetic products.

Click here for getting the decision from ANSM’s website.

US | Maine

Proposal to designate PFOS as Priority Chemical in children’s products

The Maine Department of Environmental Protection has recently proposed a draft rule (“Chapter 890: designation of PFOS as priority chemical”). This chapter would designate perfluorooctane sulfonic acid (“PFOS”) as a priority chemical and would require reporting for certain children’s products containing PFOS.

No later than 180 days after the effective date of this chapter, or within 30 days of the sale of the children’s product within the State of Maine, manufacturers and distributors would be required to report to the Department if the regulated chemical is intentionally added to the following product categories and exceeds the practical quantification limit (PQL), pursuant to section 4(B) of this chapter with some exemptions:

Childcare article
Children’s clothing
Children’s footwear
Children’s sleepwear
Children’s toy
Cookware, tableware, reusable food and beverage containers
Cosmetics and personal care products
Craft supplies
Electronic device
Household furniture and furnishings

The following information would have to be reported to the Department:

Name and address of the manufacturer or distributor.
Name, address, and phone number of a contact person for the manufacturer or distributor.
A description of product that contain PFOS.
Amount of PFOS in each unit of the product reported.
Function of PFOS in the product reported.
Number of product units sold or distributed in Maine.
Any other relevant information.

Comments can be submitted by May 6, 2019. For more information, click here.

Hong Kong

Publication of safety standards updates for toys and childcare products

As already announced in our Eurofins News Flash January 2019 edition, in December 2018, the Hong Kong Government launched a public consultation on proposed updates to safety standards for toys and for five categories of children’s products (under Hong Kong’s Toys and Children’s Safety Ordinance (Cap. 424).

Recently, in March 2019, the Toys and Children's Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2019 was published with the updates before commented. It means that manufacturers or importers must comply with all the requirements of the standards indicated in this notice. These new standards will become effective on 1^st October 2019.

Click here for getting the notice published in the Hong Kong Gazette.

Australia

Safety standards update for Self-balancing scooters

On 9^th April 2019, the Australian Government registered the “Consumer Goods (Self-balancing Scooters) Amendment Safety Standard 2019.”

Click here for getting the official publication from Federal Register of Legislation website.

Product Recalls/Alerts

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and in the US (Source “CPSC”).

Europe

RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).

The following 66 alerts regarding Childcare articles, equipment and toys have been reported, from week 12 until week 16 of 2019.

Type of Risk	Number of alerts	Notes
Burns	3	Fancy-dress costume: Easily flammable. Not complying with Toy Safety Directive and standard EN 71-2.
		The toy's battery can easily overheat. Not complying with Toy Safety Directive.
		The metal surface of the motor enclosure can overheat. Not complying with Toy Safety Directive and standard EN 62115.
Chemical	12	Phthalates: Bis(2-ethylhexyl) phthalate (DEHP), di-isononyl phthalate (DINP) and di-butyl phthalate (DBP).
		Formaldehyde.
		Toy slime: high level of migration of Boron.
Environment	21	Contains chemical substances dangerous for health of children and environment: lead and cadmium in the solders (RoHS 2 Directive).
Chemical, Choking	2	Button cell batteries: easily accessible. Not complying with Toy Safety Directive and standard EN 62115.
Choking	18	Small parts. Not complying with EN 71-1.
		A small child may put the stuffing material in the mouth.
		Suction cups of projectiles can easily detach. Not complying with EN 71-1.
Entrapment	1	Booster seat: The seams in the crotch area of the product can break easily. As a consequence, the child may slip under the seatbelt, which might result in the head being entrapped.
Damage to hearing	1	The sound pressure level of the toy is too high. Not comply with EN 71-1.
Suffocation	1	Toy Kitchen play set: The lids of the pots have a hemispherical shape without suitable ventilation holes. Not comply with t EN 71-1.
Strangulation	3	The ribbons attached to the costume at neck level are too long. Not complying with the Toy Safety Directive and Standard EN 71-1 and EN 14682.
Strangulation	3	The strap of the toy guitar has no quick release mechanism. Not complying with EN 71-1.
Injuries	9	Baby carrier: Not strong enough without locking mechanism There is excessive slippage of the shoulder straps Not sufficiently secure and can easily break Not comply with EN 13209-1 and EN 13209-2.
		Magnetic putty: The putty contains a small magnet with a high magnetic flux. If a child swallows the small magnet and other metallic objects, they could attract one another causing intestinal blockage or perforation.
		Toy bow and arrow set: The kinetic energy of the projectiles fired from the crossbow is too high which can lead to eye injuries. Not complying with EN 71-1.
		Pram: The restraint system is not adequate and the pram body does not have any attachment points to the chassis/seat unit. Not complying with EN 1888.

From 21^st March to 20^th April 2019, CPSC (Consumer Product Safety Commission) has published the following recalls: 3 recalls regarding Childcare and children’s products.

Type of Risk	Number of recalls	Notes
Choking	1	Wooden toy vehicles: The wheels on the vehicles can detach.
Fire and burn	1	Children’s globes: The globe’s internal wires can short out and overheat.
Death	1	Rocking Sleepers: the infants rolled from their back to their stomach or side, while unrestrained.