Consumer Products | Monthly bulletin | June 2022
Chemical | Cosmetics & Personal Care | Softlines & Leather | Toys & Childcare | COVID-19
Draft restriction for formaldehyde and formaldehyde releasing substances in articles
On 2nd May 2022, the World Trade Organization (WTO) published Draft European Commission Regulation Amending Annex XVII to Regulation (EC) No 1907/2006 as regards formaldehyde and formaldehyde releasers.
This proposed restriction aims to decrease exposure to formaldehyde via inhalation in indoor air, including inside road vehicles.
The restriction for articles where formaldehyde or formaldehyde releasing substances have been intentionally added in production is:
Articles |
If concentration of formaldehyde released exceeds |
Wood-based articles and furniture |
0.062 mg/m3 |
Other articles |
0.08 mg/m3 |
Road vehicle |
0,062 mg/m3 |
For more information, consult the WTO publication here.
Recent updates regarding REACH
The below table gives a summary of some recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
25/03/2022 |
European Commission published COMMISSION REGULATION (EU) 2022/477 which amends the Annexes VI to X to REACH Regulation (EC) No 1907/2006. The main point is that only representatives must identify the non-EU manufacturers they represent and provide their contact information by 14 October 2022. |
The official publication in European Commission website here. |
25/04/2022 |
Publication of COMMISSION STAFF WORKING DOCUMENT Restrictions Roadmap under the Chemicals Strategy for Sustainability, which is an important step forward in providing detailed information on all ongoing work on future restrictions under the EU's chemical legislation REACH. |
The official publication in European Commission website here. |
04/05/2022 |
Updated ECHA Guidance on harmonised information relating to emergency health response – Annex VIII to CLP (version 5.0) |
For more information, consult the ECHA guidance here. |
11/05/2022 |
SCIP manuals: Translations available in 23 EU languages. When preparing a SCIP notification, these manuals will help you protect your data and refer to already submitted data. |
For more information, consult the ECHA manual here. |
11/05/2022 |
ECHA's Bisphenols Assessment Group studied 148 compounds and recommended the restriction of more than 30 due to their potential harm to human health and the environment. The evaluation grouped structurally similar substances based on the presence of "bisphenol" in their compositions, reviewing a total of 148. |
For more information about the restriction proposal, consult the Assessment here. |
Other interesting links about REACH from the ECHA’s website
- Registry of restriction intentions until outcome - ECHA (europa.eu)
- Registry of SVHC intentions until outcome - ECHA (europa.eu)
- Substance evaluation - CoRAP - ECHA (europa.eu)
- Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
- Applications for authorisation - current consultations - ECHA (europa.eu)
- Current calls for comments and evidence - ECHA (europa.eu)
- Authorisation List - ECHA (europa.eu)
- ECHA's completed activities on restriction
- Submitted restrictions under consideration
Update in Annex VI to Regulation (EC) No 1272/2008 (CLP)
On 3rd May 2022, the European Commission published the following amendment related to CLP:
The main points which affect Part 3, table 3 of Annex VI of CLP Regulation are:
- 39 new entries are inserted.
- 17 entries have been revised and replaced (index numbers: 014-001-00-9; 023-001-00-8; 601-024-00-X; 603-014-00-0; 603-107-00-6; 604-030-00-0; 607-111-00-9; 607-230-00-6; 607-253-00-1; 607-254-00-7; 607-734-00-6; 607-735-00-1; 607-736-00-7; 608-032-00-2; 609-042-00-X; 613-012-00-1; 616-164-00-7).
- The entry corresponding to index number 615-007-00-X has been deleted.
Other interesting links about CLP from the ECHA’s website
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
Public Initiatives related to chemicals, POP and RoHs
The below table includes some recent publications related to Chemicals POPs and RoHs:
Status |
Category |
Publication |
In preparation |
Chemicals |
Chemical safety – better access to chemicals data for safety assessments The initiative will make it easier to access and use all available data and will increase transparency. It will also enable EU and national authorities, where necessary, to commission testing and monitoring of chemical substances as part of the regulatory framework. |
Draft act Feedback period 17 May 2022 - 14 June 2022 |
POP |
Persistent organic pollutants (POPs)- perfluoroctanoic acid (PFOA) This act concerns PFOA, its salts, and PFOA-related compounds (included in Annex I of Regulation (EU) 2019/1021). It amends the PFOA concentration as an unintentional trace contaminant in substances, mixtures and articles, and removes a specific exemption that is no longer needed in the EU. |
In preparation |
RoHs |
Hazardous substances in electrical and electronic equipment – list of restricted substances (update) The Commission regularly reviews the list of restricted substances to keep up with technical progress, protect human health and the environment, and improve waste management. Following a technical assessment, this initiative proposes adding tetrabromobisphenol A (TBBP-A) and medium-chain chlorinated paraffins (MCCPs) to the list of restricted substances. |
In preparation |
RoHs |
The Commission has assessed three exemption requests on the use of cadmium in quantum dots in LED lighting and displays. This initiative proposes amending the list of restricted substances in Annex III to Directive 2011/65/EU. |
Technical and Official publications about detergents and FCM
The below table includes some recent publications related to detergents and food contact materials (FCM):
Entity |
Date |
Publication |
(Italy) |
21/04/2022 |
The Istisan Report on the Surveillance of Exposures to Detergents has been published, produced by the Higher Institute of Health (CNSC - National Center for Chemicals, Cosmetic Products and Consumer Protection), in collaboration with the Ministry of Health and the Poison Control Centers (CAV) of Bergamo and Foggia. The report analyses exposures to detergents and related products collected by the Poison Control Centers in the period 2016-2020. |
EFSA (European Food Safety Authority) |
12/05/2022 |
|
EFSA (European Food Safety Authority) |
12/05/2022 |
Updated Environmental code in relation to hazardous substances in electrical and electronic equipment
On 4th May 2022, the French authorities published the Order of May 4, 2022 amending the order of March 5, 2020 regarding the limitation of the use of certain hazardous substances in electrical and electronic equipment.
The aim is to update the Environment Code, in relation to the modifications made by the European Commission to Annex III of Directive 2011/65/EU on the limitation of the use of certain hazardous substances in electrical and electronic equipment. In the 31st line of Table 1 of the Annex to the order of March 5, 2020, the following twelve new lines are added:
As of |
Delegated Directive (EU) |
Modification |
01/10/2022 |
2022/274 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU as regards an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes. |
01/10/2022 |
2022/275 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU on an exemption for the use of mercury in other high-pressure sodium vapor lamps for general lighting purposes. |
01/10/2022 |
2022/276 of the Commission, of December 13, 2021 |
Annex III of Directive 2011/65/EU on an exemption for the use of mercury in single-ended (compact) fluorescent lamps for general lighting purposes. |
01/10/2022 |
2022/277 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU as it refers to an exemption for the use of mercury in single-ended (compact) fluorescent lamps, for general lighting, of less than 30 W and with a useful life equal to or greater than 20,000 hours. |
01/10/2022 |
2022/278 of the Commission, of December 13, 2021 |
Annex III of Directive 2011/65/EU on an exemption for the use of mercury in metal halide lamps. |
01/10/2022 |
2022/279 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU on an exemption for the use of mercury in other discharge lamps for special purposes. |
01/10/2022 |
2022/280 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU on an exemption for the use of mercury in other low pressure discharge lamps. |
01/10/2022 |
2022/281 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU on an exemption for the use of mercury in single-ended (compact) fluorescent lamps for special purposes. |
01/10/2022 |
2022/282 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU on an exemption for the use of mercury in non-linear triphosphor lamps. |
01/10/2022 |
2022/283 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU as it refers to an exemption for the use of mercury in high-pressure sodium vapor lamps that have an improved color rendering index intended for general lighting use. |
01/10/2022 |
2022/284 of the Commission, of December 16, 2021 |
Annex III of the Directive 2011/65/EU on an exemption for the use of mercury in two-ended linear fluorescent lamps for general lighting purposes. |
01/10/2022 |
2022/287 of the Commission, of December 13, 2021 |
Annex III of the Directive 2011/65/EU of the European Parliament and of the Council on an exemption for mercury in fluorescent lamps for other general lighting and special purposes. |
Recent updates regarding UK REACH and GB CLP
The below table gives a summary of the most recent updates (non-exhaustive) regarding UK REACH and GB CLP:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
20/05/2022 |
Updating the GB mandatory classification and labelling list (GB MCL List) |
HSE GB CLP publication table can be consulted here. |
Closer to European chemicals legislation
On 1st April 2022, Ordinance on the reduction of risks associated with the use of particularly dangerous substances, preparations and objects (RO 2022 162 - FR, DE, IT) came into force which revised the Chemical Risk Reduction Ordinance, ORRChem, RS 814.81 (FR, DE, IT) and aligned it with Regulation (EU) 2019/1021 on persistent organic pollutants (POP recast regulation) and Annex XVII of Regulation (EC) 1907/2006 ‘Registration, Evaluation, Authorization and Restriction of Chemicals (Annex XVII of REACH) in the European Union (EU)’.
The main changes are:
- Annex 1.1 ‘Persistent organic pollutants, POP’
- Annex 1.16 ‘Per- and polyfluoroalkyl substances, PFAS’
- Annex 1.2 ’Halogenated organic substances’
- Annex 1.4 ‘Ozone depleting substances’
- Annex 1.5 ‘Substances stable in the atmosphere’
- Annex 1.6 ‘Asbestos’
- Annex 1.10 ‘Carcinogenic, mutagenic or reprotoxic substances, CMR substances’
- Annex 2.9 ‘Plastics, their monomers and additives’
- Annex 2.10 ‘Refrigerants’
- Annex 2.11 ‘Extinguishing agents’
Other relevant effective dates which are compiled in this Ordinance are:
- On 1st October 2022, Annex 1.16
- On 1st April 2023, phytosanitary products (Art. 61, s.4 and 5).
Note: For more information, please consult the official publication on Swiss chemical Ordinances below:
New Hampshire Introduces PFAS Warning Label Bill
On March 15th, 2022, the State of New Hampshire introduced HB 1422, titled “Requiring warning labels on consumer products containing perfluorinated chemicals.” Under the proposed bill, manufacturers, producers, packagers, importers, suppliers, or distributors of a PFAS-containing consumer product or packaging shall do one of the following:
- Beginning January 1st, 2024, provide warning labels on products or packaging, stating that it contains PFAS and that exposure to PFAS may have adverse health effects.
- By January 1st, 2024, and annually thereafter, provide a written notice directly to the authorised agent for a retail seller and obtain written confirmation of receipt of the notice. The notice shall meet:
- State that the product or the packaging may result in exposure to PFAS, an organic chemical containing at least one fully fluorinated carbon atom;
- Include the exact name or description of the product or specific identifying information for the product, such as an universal product code; and
- Be accompanied by labels or labeling that meet the requirements of section 5 of the regulation and, for a product to be sold by the retailer on the internet, warning language that meets the requirements of Section 5.
Maryland Enacts New PFAS in Products Law
On April 21st, 2022, the State of Maryland approved SB 273, Chapter 139, an Act concerning “Environment – PFAS Chemicals – Prohibitions and Requirements.” Effective January 1st, 2024, the new law will prohibit intentionally added PFAS chemicals in the following products:
- Class B fire-fighting foam;
- Rugs and carpets;
- Food packages that are composed of paper, paperboards or other materials originally derived from plant fibers; and
- Plastic disposable gloves used in commercial or institutional food service.
PFAS chemicals are defined as a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances and are designed to be fully functional in Class B fire-fighting foam formulations.
Please see the table below for a summary of the new PFAS law.
Substance |
Product Category |
Requirement |
Remarks |
Effective Date |
PFAS |
Class B fire-fighting foam |
Prohibited |
|
January 1st, 2024 |
Rugs and Carpets |
Prohibited |
|
January 1st, 2024 |
|
Food packages that are composed of paper, paperboards or other materials originally derived from plant fibers |
Prohibited |
|
January 1st, 2024 |
|
Plastic disposable gloves used in commercial or institutional food service |
Prohibited |
|
January 1st, 2024 |
Washington to Ban PFAS in 5 Additional Types of Food Packaging
Under RCW 70A.222.070, the State of Washington restricted the manufacture, distribution, and sale of food packaging to which per- and polyfluoroalkyl substances (PFAS) have been intentionally added in any amount if safer alternatives to PFAS in food packaging are identified. As required under RCW 70A.222.070, in 2021, the Washington State Department of Ecology conducted an alternatives assessment and filed a first report to the legislature with findings of safer alternatives for four food packaging applications (Wraps and liners, plates, food boats, and pizza boxes). The prohibition against the sale of the specified PFAS-containing food packaging applications from the first report will take place in February 2023, two years from the date the report was submitted to the legislature.
In May 2022, the Washington State Department of Ecology released a second report to the legislature with findings of safer alternatives for five additional food packaging applications (bags and sleeves, bowls, flat serviceware, open-top containers, and closed containers). The prohibition against manufacturing, sale, and distribution of PFAS-containing food packaging in these five food packaging applications will take effect two years from the date of submission of the second report to the legislature in May 2024.
Canada Proposes Prohibition of Certain Toxic Substances Regulations, 2022
On May 14th, 2022, Canada published in the Canada Gazette the proposed Prohibition of Certain Toxic Substances Regulations, 2022 (the “proposed Regulations”). The proposed Regulations would repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012 (the “current Regulations”), which prohibits the use, sale, offer for sale and import of certain toxic substances. The proposed Regulations would further restrict the following five substances, which are regulated under the current Regulations, by removing exemptions, or by imposing conditions on the remaining exemptions:
- Perfluorooctane sulfonate (PFOS), its salts and its precursors;
- Perfluorooctanoic acid, its salts, and its precursors (PFOA);
- Long-chain perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs);
- Hexabromocyclododecane (HBCD); and
- Polybrominated diphenyl ethers (PBDEs).
The proposed regulations also includes concentration thresholds for these substances at or below which their presence would be considered incidental, and thus the prohibition would not apply. Please see Table 1 below for the concentration thresholds of each substance.
Table 1:
Substance |
Concentration Threshold |
PFOS |
1 ppm |
PFOA |
1 ppm |
LC-PFCAs |
1 ppm |
HBCD |
100 ppm |
PBDEs |
|
The proposed regulations also introduce new restrictions on the following substances, with some exemptions:
- Dechlorane Plus (DP); and
- Decabromodiphenyl ethane (DBDPE).
Australian industrial chemicals
In April, the Australian Government – AICIS published the following updates related to chemicals:
Date |
Tittle |
29/04/2022 |
Updated record-keeping checklists for exempted and reported introductions |
28/04/2022 |
Designing the next generation of packaging
Recent innovative packaging developments have predominantly revolved around different aspects of sustainability, such as recyclability, biodegradability, compostability, refillability, reusability and the use of biosourced materials or raw materials derived from renewable resources. Eurofins’ network of companies supports clients’ quality control and risk assessment management procedures in the design, reuse, and valourisation of packaging, from the resin stage to the final packaging and during the entire life cycle of the product:
- Regulatory and Safety Assessment: review documentation, check conformities, evaluate container-content interaction, develop a suitable analytical testing plan
- Analytical Testing:
- Ensure performance: physical, stability and mechanical testing
- Guarantee safety: analyses for toxic substances, food contact testing
- Design for sustainability: plastics content measurement, end of life recovery, compostability
- Audit & Consulting: Evaluation of the supply chain: packaging manufacturers, packaging materials suppliers, support to identify and assess both recycling solutions and suppliers of recycled materials
Our experts and network of internationally accredited laboratories support beauty brands and packaging suppliers to help achieve and exceed their sustainability commitments and goals, such as improved recyclability and use of recycled materials.
Is your sunscreen free from benzene?
One of the major challenges involved in launching a cosmetics product on the market is ensuring that your product meets regulations and is safe for the end user.
Eurofins Cosmetics & Personal Care offers the full suite of testing necessary to ensure that your product is compliant, high quality, safe and performant. With our extensive experience, Eurofins is pleased to offer benzene testing for your sunscreen products and can develop specific protocols to meet your needs at very low LOQ.
Please contact us today for all of your testing requirements.
A study to evaluate the impact of a cross-linked HA hydrogel injection on skin quality attributes
Eurofins Dermscan co-authored an article with La Jouvence and Allergan Aesthetics on the impact of a cross-linked HA hydrogel injection on skin quality attributes in healthy volunteers. The study was recently published in “Clinical, Cosmetic and Investigational Dermatology” (2022;15:411–426).
The cross-linked HA hydrogel was designed to correct superficial cutaneous depressions, such as fine lines, and for additional improvement in skin quality attributes such as hydration.
The goal of this exploratory study was to explore in a long-term clinical model the post-treatment changes to skin quality attributes, as well as histologic and gene expression changes.
The team at Eurofins Dermscan Poland performed participant recruitment, skin quality measurements, and biopsies. Audrey Natalizio (Eurofins Dermscan Pharmascan) participated in clinical study management and data analysis. The findings of this study help to explain long-lasting skin quality changes following treatment. That is, the specific cross-linked HA hydrogel improves not only skin smoothness, but can also produce changes at the histologic and genomic levels (through interaction with the dermal/subdermal cells and tissues) that do not require the product to remain directly in the dermis over time.
Eurofins can help you get the most accurate and useful results thanks to a highly specialised team and dedicated laboratories fully equipped with high-tech instruments.
Standards updates
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
CEN |
|||
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Leather - Determination of flex resistance - Part 1: Flexometer method (ISO 5402-1:2022) |
2022-10-31 |
Publications related to textile and footwear:
Date |
Publication |
March 2022 |
Wellbeing Wardrobe: A wellbeing economy for the fashion and textile sector |
April 2022 |
Approved Sorting info and Triman signage for textile sector
On 1st February 2022, the French Ministry for the Ecological Transition approved the symbols to indicate the sorting info with the Triman logo for textiles, household linen and footwear submitted by the eco-organisation Re_fashion according to the implementation of AGEC law. This information will become mandatory in the French market from 1st February 2023. Further, inventory existing as of February 1, 2023, may continue to be distributed until August 1, 2023.
It must be taken into account that if the product is inside or packed in a package, the info-tri and Triman logo related to the package must be indicated. Specialist packaging eco-organisations have their own approved symbols. It will be mandatory from 09th September 2022.
For more information, consult the Re_Fashion website here.
The environmental labelling of waste-generating products
On 29th April 2022, the French authorities published the Decree No. 2022-748 of April 29, 2022 regarding consumer information on the environmental qualities and characteristics of waste-generating products.
Producers, importers and distributors of products that generate residues intended for consumers, including those that use a web site, platform or other online distribution channel must inform the consumer on the qualities and environmental characteristics of products that generate waste according to compliance with the obligation provided for by article L. 541-9-1 of the environmental code.
Article R. 541-223 enters into force the day after the publication of this decree. The products or containers to which it applies benefit from a stock reduction period until January 1, 2023, provided that they have been manufactured or imported before the date of publication of this decree. Articles R. 541-220 to R. 541-222 come into force from January 1, 2023, gradually, by company level.
For more information, please consult the official publication here.
Maryland Enacts New PFAS in Products Law
On April 21st, 2022, the State of Maryland approved SB 273, Chapter 139, an Act concerning “Environment – PFAS Chemicals – Prohibitions and Requirements.” Effective January 1st, 2024, the new law will prohibit intentionally added PFAS chemicals in the following products:
- Class B fire-fighting foam;
- Rugs and carpets;
- Food packages that are composed of paper, paperboards or other materials originally derived from plant fibers; and
- Plastic disposable gloves used in commercial or institutional food service.
PFAS chemicals are defined as a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances and are designed to be fully functional in Class B fire-fighting foam formulations.
Please see the table below for a summary of the new PFAS law.
Substance |
Product Category |
Requirement |
Remarks |
Effective Date |
PFAS |
Class B fire-fighting foam |
Prohibited |
|
January 1st, 2024 |
Rugs and Carpets |
Prohibited |
|
January 1st, 2024 |
|
Food packages that are composed of paper, paperboards or other materials originally derived from plant fibers |
Prohibited |
|
January 1st, 2024 |
|
Plastic disposable gloves used in commercial or institutional food service |
Prohibited |
|
January 1st, 2024 |
China Releases New Product Standards
On 22nd April 2022, The Chinese Ministry of Industry and Information Technology has released various new industry and national product standards. Please see table below with the relevant standard (non- exhaustive list):
Standard |
Scope |
FZ/T 08001-2021 |
Wool Wadding Garments |
FZ/T 08002-2022 |
Textile products for newborns |
FZ/T 24029-2022 |
Double-layer cashmere and silk woven scarf and shawl |
FZ/T 24030-2022 |
Woolen vicuna fabrics |
FZ/T 24031-2022 |
Woolen rabbit hair fabrics |
FZ/T 24032-2022 |
Antistatic woven fabrics |
FZ/T 24033-2022 |
Fully fashioned wool knitted garments |
FZ/T 25006-2022 |
Thin warp-knitted blanket |
FZ/T 34013-2022 |
Bast fibres textile products with natural UV protection |
FZ/T 34014-2022 |
Bast fibres textile products with natural moisture absorption and quick-drying properties |
FZ/T 34015-2022 |
Bast fibres textile products with natural moisture absorption and air permeability |
FZ/T 34016-2022 |
Bast fibres textile products with natural bacteriostasis feature |
FZ/T 73069-2022 |
Brassiere for young girls |
FZ/T 73070-2022 |
Nude bra with knitted fabric |
FZ/T 73071-2022 |
Knitted arm sleeve |
FZ/T 81004-2022 |
Dress and suit |
FZ/T 81007-2022 |
Casual wear |
FZ/T 81017-2022 |
Full canvas suits |
FZ/T 81024-2022 |
Woven cape |
GB/T 41002-2022 |
Children’s case and bag |
QB/T 4331-2021 |
Children’s athletic shoes |
QB/T 4546-2021 |
Children’s leather sandals |
For more information, consult the MIIT announcement No. 10 here (in Chinese).
Revision of the Toy Safety Directive
On 25th May 2022, the public consultation was closed on protecting children from unsafe toys and strengthening the Single Market.
This initiative aims to better protect children against risks in toys, particularly from chemicals. It builds on work such as the chemicals strategy for sustainability, and on an evaluation of the current toy safety rules completed in 2020. At the same time, it aims to strengthen the Single Market for toys.
The commission adoption is planned for the fourth quarter 2022.
For more information, please consult the European Commission website here.
Restriction of substances in disposable baby diapers
On 20th April 2022, The consolidated opinions on the proposal to restrict substances in single-use baby diapers, submitted by France, were made available on the ECHA website here.
This restriction proposal aims at reducing the health risk associated with the wearing of single-use baby diapers on children and infants under the age of three that are placed on the market and may contain polycyclic aromatic hydrocarbons (PAHs), polychlorodibenzo-p-dioxins (dioxins or PCDDs), polychlorodibenzofurans (furans or PCDFs), polychlorobiphenyls (PCBs) and/or formaldehyde.
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
CEN |
|||
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Child care articles - Child carriers - Safety requirements and test methods - Part 1: Framed back carrier |
2022-11-30 |
||
Safety of toys - Part 13: Olfactory board games, cosmetic kits and gustative games |
2022-11-30 |
||
Child care articles - Wheeled child conveyances - Part 1: Pushchairs and prams |
2022-10-31 |
||
Reference |
Title |
Date of Available (**) |
Supersedes |
Child care articles - Compiled interpretations of CEN/TC 252 standards |
2022-04-27 |
Please find below a table summarising recent public initiatives (non-exhaustive):
Feedback period for Commission adoption |
About this initiative |
03 April 2022 - 29 May 2022 |
Consumer policy – strengthening the role of consumers in the green transition This initiative mainly aims to:
|
Call for evidence Feedback period 17 May 2022 - 14 June 2022 |
Digital fairness – fitness check on EU consumer law The Commission announced analyses of the following pieces of EU consumer protection legislation:
The aim is to know if ensuring an equal level of fairness online and offline is a necessary action. |
Updates on food contact materials
The main publications related to food contact materials between December 2021 and first quarter 2022:
Date |
Entity |
Publication |
December 2022 |
Germany’s Federal Ministry of Food and Agriculture (Bundesministerium für Ernährung und Landwirtschaft, BMEL) |
The 21st Regulation amending the Consumer Goods Ordinance (Bedarfsgegenständeverordnung, BedGgstV) on printing inks and printed materials and articles coming into contact with food was published. The main change is the Appendix 14 in which 540 substances that may be used to manufacture printing inks and lacquers intended for direct food contact are listed. For printing inks in indirect contact with food, all other substances may fundamentally be used provided they are not carcinogenic, mutagenic or toxic for reproduction under the CLP regulation, and do not mi grate into the foodstuff at quantities above 0.01 mg/kg. The Federal Government has set a transition period until 01.01.2026. During this period, manufacturers and suppliers are required to submit data on migration and toxicology for previously unlisted substances. Note: As of May 2022, the 23rd amendment to the German Food Contact Materials Regulation is being drafted and approved within the ministries. This amendment requires manufacturers, processors and distributors of food contact materials to register as such with the responsible authorities. This is to ensure that the competent authorities have a complete overview of all companies. For the manufacturers and distributors of foodstuffs, this registration requirement has been in place for many years. |
January 2022 |
European Commission |
Titanium dioxide banned as a food colorant. On 14th of January the European Commission published Regulation 2022/63 which bans the use of Titanium dioxide as a food colorant. The transitional period for the use is six months. This ban is exclusively applicable for the use of TiO2 but it can be expected that this ban will also influence other applications for instance for the use of TiO2 as a pigment in printing inks or packaging for food. Additionally, the pressure on the use of TiO2 in cosmetic products is already increasing. Eurofins Product Testing has prepared a short leaflet summarising the current situation. Please find the Regulation itself attached, along with our leaflet, and don’t hesitate to distribute this to other colleagues and customers. |
March 2022 |
Association of the European Adhesive & Sealant Industry (FEICA) |
Publication of a new guide line relating to the use of polyurethane adhesives, alongside a revised version of the guideline on the food-safe conformity of adhesives. |
March 2022 |
European Commission |
A new version of the Recycling Regulation The EU Commission has presented a fully new version of the Recycling Regulation (EC) No. 282/2008. In the review, the EU Commission explains that the prior version did not allow the use of new technologies nor permit commonplace processes, such as the use of offcuts and scraps. For this reason, the Commission has issued a fully renewed version of the Regulation. The core of the Re cycling Regulation is “novel technologies”, basically covering all innovative processes. |
April 2022 |
The German Federal Institute for Risk Assessment (BfR) |
The Recommendations on materials in food contact has been updated: Essentially, two stabilisers for rubber items have been added and one for polymer dispersions has been struck off. A clarification on moulded pulp items has been added to recommendation XXXVI for paper and card. These are now unambiguously covered by recommendation XXXVI. Previously, the regulation was unclear. In addition, for recommendation XXXVI, it has been determined that uncertainty of measurement may no longer be employed in the evaluation of primary aromatic amines (PAA). As particularly for carcinogenic PAAs a very low limit of 2 µg/kg is in force. This regulation could have an influence on conformity assessments. |
Draft restriction for formaldehyde and formaldehyde releasing substances in articles
On 2nd May 2022, the World Trade Organization (WTO) published Draft European Commission Regulation Amending Annex XVII to Regulation (EC) No 1907/2006 regarding formaldehyde and formaldehyde releasers.
This restriction aims to decrease exposure to formaldehyde via inhalation in indoor air, including inside road vehicles.
The restriction on articles where formaldehyde or formaldehyde releasing substances have been intentionally added in their production is as follows:
Articles |
If concentration of formaldehyde released exceeds |
Wood-based articles and furniture |
0.062 mg/m3 |
Other articles |
0.08 mg/m3 |
Road vehicle |
0,062 mg/m3 |
For more information, please consult the WTO publication here.
New approved eco-organisations
On 28th April 2022, the French authorities approved the eco-organisation Eco-mobilier for toys, DIY and garden items, according to the principle of extended producer responsibility (REP), as defined in the environmental code.
REP aims to transfer responsibility for residual materials generated by the consumption of products to the companies that market them on a national territory.
In this case, producers in France must join an approved eco-organisation to fullfil their obligations.
For more information, please consult the official publication TREP2212092A and TREP2212093A
The environmental labelling of waste-generating products
On 29th April 2022, the French authorities published the Decree No. 2022-748 of April 29, 2022 regarding consumer information on the environmental qualities and characteristics of waste-generating products.
Producers, importers and distributors of products that generate residues intended for consumers, including those that use a web site, platform or other online distribution channel must inform to consumer on the qualities and environmental characteristics of products that generate waste according to compliance with the obligation provided for by article L. 541-9-1 of the environmental code.
Article R. 541-223 enters into force the day after the publication of this decree. The products or containers to which it applies benefit from a stock reduction period until January 1, 2023, provided that they have been manufactured or imported before the date of publication of this decree. Articles R. 541-220 to R. 541-222 will come into force from January 1, 2023, gradually, by company level.
For more information, please consult the official publication here.
The latest publications by several French entities related to consumer products include:
Date |
Entity |
Publication |
March 2022 |
DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) |
General safety requirement As a professional, you are responsible for the safety of the product or service that you market. As such, you are required to check that it complies with the regulations and meets the general safety requirement (OGS). You can find the official publication in French here. |
April 2022 |
DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) |
DGCCRF sheet – Childcare articles. Child safety is a very sensitive subject to which the public authorities pay particular attention. In this area, childcare articles, intended by nature for the youngest children, must meet a certain number of requirements. Be vigilant, read the labels carefully for the safety of your children. You can find the official publication in French here. |
May 2022 |
DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) |
DGCCRF sheet - The safety of single-use baby diapers. On average, children stay dry during the day at 28 months. Nighttime toilet training is acquired later. Between birth and potty training, the vast majority of infants and young children wear single-use diapers. The safety of these products is therefore essential for parents. The professional has the obligation to offer safe products for sale. You can find the official publication in French here. |
April 2022 |
DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) |
Synthetic based organic materials and Rubber A number of materials are not yet subject to specific regulations, neither at European Union nor national level. In the absence of a specific regulatory text, the DGCCRF draws up sheets for the different types of materials which specify the criteria and methods for verifying the suitability of these materials for food contact, more particularly the methods for verifying the principle of inertia of Article 3 of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of October 27, 2004. The official publication is only available in French. |
May 2022 |
General Directorate of Customs and Indirect Taxes |
The marking of the origin "Made in/Fabriqué en" The purpose of this circular is to facilitate better understanding of the regulations relating to non-preferential origin for professionals who wish to promote their know-how via origin marking. The DGDDI thus checks the conformity of t “made in France”claims – and of any other mention likely to make a consumer believe that a product was manufactured in France – with the European regulations relating to non-preferential origin. These checks are based on Article 39 of the Customs Code. For more information, please consult the French Economy Minister website here (in French). |
New law to promote a circular economy
On 9th April 2022, Law 7/2022 of April 8 related to waste and contaminated soil for a circular economy (LRSC) was published which transposes Directive (EU) 2019/904 (Single use plastics (SUP) waste) and Directive (EU) 2018/851, amending Directive 2008/98/EC on waste and repeals Law 22/2011 of July 28 on waste and contaminated soil.
One of the objectives is to promote the reuse of products and product components, among other things, through donations, and the implementation of systems that promote repair, reuse and updating of activities.
The main points are, among others:
- Included in domestic waste is the waste generated in homes from used cooking oils, electrical and electronic equipment, textiles, batteries, accumulators, furniture, fixtures, mattresses, and more, as well as waste and debris from minor construction work and home repairs.
- The destruction or disposal by landfill of unsold surpluses of non-perishable products such as textiles, toys or electrical appliances, among others, is prohibited.
- Separate collection of, for example: paper, metals, plastic and glass; textile waste before December 31, 2024; bulky waste (furniture and fixtures waste) before December 31, 2024.
- Special tax on non-reusable plastic containers (0.45 euros per kilogram).
- A maximum period of three years from the entry into force of this law. Extended producer responsibility regimes will be developed for textiles, furniture and fixtures, and non-packaging plastics for agricultural use.
It will enter into force on January 1, 2023.
Amendments to the Toys (Safety) Regulations
On April 13, 2022, the United Kingdom notified the WTO of its amendment to the Toys (Safety) Regulations 2011 (UK SI 2011 No. 1881), with the notification number G/TBT/N/GBR/47. Several important changes were made to Part 3 of Schedule 2, involving the use of allergenic fragrance and the content of aluminium in toys, as well as restrictions on the use of aniline and formaldehyde in toys for children under 36 months or those which are placed in the mouth. The new regulations come into force on October 15, 2022.
The major amendments to the Toys (Safety) Regulations are as follows:
- Addition of three prohibited allergic fragrances used in toys as per the following table:
No |
Name of the allergenic fragrance |
CAS number |
56 |
Atranol (2,6-Dihydroxy-4-methyl-benzaldehyde) |
526-37-4 |
57 |
Chloroatranol (3-Chloro-2,6-Dihydroxy-4-methyl-benzaldehyde) |
57074-21-2 |
58 |
Methyl heptine carbonate |
111-12-6 |
- Limit values for aluminium element used in toys as per the following table:
Element |
in dry, brittle, powder-like or pliable toy material(mg/kg) |
in liquid or sticky toy material(mg/kg) |
in scraped-off toy material(mg/kg) |
Aluminium |
2 250 |
560 |
28130 |
- Limit values for Aniline and Formaldehyde used in toys intended for use by children under 36 months as per the following table:
Substance |
CAS No |
Limit value |
Aniline |
62-53-3 |
30 mg/kg after reductive cleavage in textile and leather materials |
Formaldehyde |
50-00-0 |
Polymeric 1.5 mg/l (migration limit) |
For more information, please click here and or visit the GOV.uk website here.
New Hampshire Introduces PFAS Warning Label Bill
On March 15th, 2022, the State of New Hampshire introduced HB 1422, titled “Requiring warning labels on consumer products containing perfluorinated chemicals.” Under the proposed bill, manufacturers, producers, packagers, importers, suppliers, and distributors of a PFAS containing consumer product or packaging shall do one of the following:
- Beginning January 1st, 2024, provide warning labels on products or packaging, stating that it includes PFAS and that exposure to PFAS may have adverse health effects.
- By January 1st, 2024, and annually thereafter, provide a written notice directly to the authorized agent for a retail seller and obtain written confirmation of receipt of the notice. The notice shall :
- State that the product or the packaging may result in exposure to PFAS, an organic chemical containing at least one fully fluorinated carbon atom;
- Include the exact name or description of the product or specific identifying information for the product such as a universal product code; and
- Be accompanied by labels or labelling that meet the requirements of Section 5 of the regulation and, for a product to be sold by the retailer on the internet, warning language that meets the requirements of Section 5.
CPSC Issues Direct Final Rule to Update Baby Changing Products Standard
On April 26th, 2022, the U.S. Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1235) to update the mandatory safety standard for baby changing products. The final rule incorporates the latest version ASTM F2388-21, Standard Consumer Safety Performance Specification for Baby Changing Products for Domestic Use, with no modifications.
ASTM F2388-21 notably includes a warning statement revision of the previous version of the standard as well as other non-substantive revisions.
The direct final rule will become effective on July 31st, 2022, unless the CPSC receives a significant adverse comment by May 26th, 2022.
CPSC Proposes Rules for Operating Cords on Window Coverings
The Consumer Product Safety Commission (CPSC) has recently published two notices of proposed rulemaking (NPR) in order to address the risk of strangulation to young children associated with certain window covering cords. Under the first NPR, the CPSC is proposing to amend 16 CFR 1120 to deem that one or more of the following readily observable characteristics of window coverings present a substantial product hazard under the Consumer Product Safety Act (CPSA):
- Presence of hazardous operating cords on stock window coverings;
- Presence of hazardous inner cords on stock and custom window coverings; or
- Absence of a manufacturer label on stock and custom window coverings.
The first NPR proposes to amend the Substantial Product Hazard List under 16 CFR 1120 by adding the following paragraphs to Section 1120.3 “Products deemed to be substantial product hazards”:
(e) Stock window coverings that fail to comply with one or more of the following requirements of ANSI/WCMA A100.1-2018:
(1) Operating cord requirements in section 4.3.1: section 4.3.1.1 (cordless operating system), 4.3.1.2 (short static or access cord), or 4.3.1.3 (inaccessible operating cord);
(2) Inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and D; and
(3) On-product manufacturer label requirement in section 5.3.
(f) Custom window coverings that fail to comply with one or more of the following requirements of ANSI/WCMA A100.1-2018:
(1) Inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and D; and
(2) On-product manufacturer label in section 5.3.
Under the second NPR, the CPSC is proposing a new safety standard for operating cords on custom window coverings (16 CFR 1260) after determining that custom window coverings with accessible operating cords that are longer than 8 inches pose an unreasonable risk of strangulation to children eight years or younger. The rule proposes that operating cords on custom window coverings should be required to be cordless, inaccessible, or eight inches or shorter in length in any use position. The second NPR also proposes to amend 16 CFR 1112 to add “Safety Standard for Operating Cords on Custom Window Coverings” to the list of rules that require third party testing.
Washington to Ban PFAS in 5 Additional Types of Food Packaging
Under RCW 70A.222.070, the State of Washington restricted the manufacture, distribution, and sale of food packaging to which per- and polyfluoroalkyl substances (PFAS) have been intentionally added in any amount if safer alternatives to PFAS in food packaging are identified. As required under RCW 70A.222.070, in 2021, the Washington State Department of Ecology conducted an alternatives assessment and filed a first report to the legislature with findings of safer alternatives for four food packaging applications (wraps and liners, plates, food boats, and pizza boxes). The prohibition against the sale of the specified PFAS-containing food packaging applications from the first report will take place in February 2023, two years from the date the report was submitted to the legislature.
In May 2022, the Washington State Department of Ecology released a second report to the legislature with findings of safer alternatives for five additional food packaging applications (bags and sleeves, bowls, flat serviceware, open-top containers, and closed containers). The prohibition against the manufacturing, sale, and distribution of PFAS-containing food packaging in these five food packaging applications will take effect two years from the date of submission of the second report to the legislature in May 2024.
US Enacts Federal Safe Sleep for Babies Act
On May 16th, 2022, U.S. President Joe Biden signed into law the Safe Sleep for Babies Act of 2021, banning the manufacture and sale of crib bumpers and certain inclined sleepers for infants.
An inclined sleeper for infants is defined as a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to one year old.
A crib bumper is defined as any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening, including a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers. The definition excludes a non-padded mesh crib liner.
Effective 180 days after the date of enactment of this Act, crib bumpers and inclined sleepers for infants, regardless of the date of manufacture, shall be considered a banned hazardous product under Section 8 of the Consumer Product Safety Act.
Enforcement of Corded Window Covering Regulations
On May 1st, 2021, the Corded Window Covering Regulations (CWCR) went into effect under the Canada Consumer Product Safety Act. The CWCR aims to eliminate the strangulation hazard posed by corded window coverings by restricting the length of reachable cords and the size of loops that can be created by a cord, among other requirements. Under the CWCR, a “corded window covering” is defined as an indoor window covering that is equipped with at least one cord.
Due to the disruptions caused by the COVID-19 pandemic, Health Canada issued a Notice to Stakeholders – New Requirements for Corded Window Coverings to advise the industry of its enforcement plan regarding the new CWCR requirements. According to the Notice, from May 1st, 2021 to April 30th, 2022, Health Canada planned to prioritise promoting awareness of the CWCR, while monitoring progress towards compliance. As of May 1st, 2022, Health Canada began to increase its compliance monitoring activities as well as taking of enforcement action.
China Releases New Product Standards
The Chinese Ministry of Industry and Information Technology has recently released various new industry and national product standards. Please see the table below:
Standard |
Scope |
FZ/T 63020-2022 |
Mixed polyolefin fibre ropes |
GB/T 3532-2022 |
Domestic porcelain ware |
GB/T 10811-2022 |
Under(in)- glaze decoration porcelain |
GB/T 41426-2022 |
Dentistry – integrated dental floss and handles |
HG/T 2723-2022 |
Colorful rubber latex balloon |
JB/T 14305-2022 |
Photographic tripod head |
QB/T 1222-2022 |
Ordinary pottery ware |
QB/T 5687-2022 |
Kitchen pendant |
QB/T 5732-2022 |
Artificial plastic plant |
QB/T 5774-2022 |
Hair products – fake eyelashes |
QB/T 5777-2022 |
Pet supplies – storage box for dogs and cats |
GB/T 20808-2022 |
Paper towels |
GB/Z 27735-2022 |
Camping tents |
New Standard Published - ISO 4531:2022 – Vitreous and porcelain enamels – Release from enamelled articles in contact with food – Test methods and limits
The International Organization for Standardization (ISO) has recently published ISO 4531:2022, which replaces the prevision edition (ISO 4531:2018).
The main changes in the 2022 version are as follows:
- Release limit and explanatory information on release limit for aluminum has been updated;
- Bibliography has been updated;
- Requirement to carry out testing on the same day has been added; and
- Requirements for test reports have been updated.
Mercosur passes new resolutions
The South American trade bloc Mercosur (Argentina, Brasil, Paraguay and Uruguay) has adopted three new resolutions on food contact materials:
- Mercosur/GMC/Res. No. 19/21 Modification of GMC Resolution No. 02/12 – Technical Regulation on Positive List of Monomers, Other starting Substances and Polymers Authorized for Food Contact Plastics
- Mercosur/GMC/Res. No. 20/21 Amendment of GMC Resolution No. 56/92 – General Provisions for Food Contact Plastics
- Mercosur/GMC/Res. No. 21/21 ‘Amendment of GMC Resolution No. 40/15’ Technical Regulation on Food Contact Cellulosic Materials
With these recommendations, requirements in South America have come closer to European regulations. Thus, the global migration is raised from 8 to 10 mg/dm2, the SML for bisphenol A lowered from 0.6 mg/kg to 0.05 mg/kg and the SML for various metals adapted to Appendix II of the Plastics Regulation (EU) No. 10/2011. The changes introduced in Europe by the 15th amendment (including lowering the limit for CMR PAAs to 0.002 mg/kg, extending the list of specific migration limits for metals to 19 elements) have not yet been taken on.
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
Notification number |
Countries |
Title |
Israel |
SI 562 part 2 – Safety of toys: Flammability |
|
Israel |
SI 14350 - Child care articles – Drinking equipment – Safety requirements and test methods.
Both the old standards and this new revised standard will apply from entry into force of this revision for six months. During this time, products may be tested according to the old or the new revised standard. |
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