Consumer Products | Monthly bulletin | August 2023
Chemical | Cosmetics & Personal Care | Softlines & Leather | Toys, Childcare & Hardlines
Europe
Regulation (EU) 2023/1464 - Formaldehyde and formaldehyde releasers
On 14th July, the European Commission published the Regulation (EU) 2023/1464, which amend Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards formaldehyde and formaldehyde releasers.
The directive modifies Annex XVII of Regulation (EC) No 1907/2006 adding entry 77, which announce the following:
- After 6 August 2026, the following articles that Formaldehyde (CAS: 50-00-0) and substance that release formaldehyde shall not be placed on the market if, under the test conditions specified in Appendix 14, the concentration of formaldehyde released from them exceeds the following values:
-
- 062 mg/m3 for furniture and wood articles.
- 080 mg/m3 for articles other than furniture and wood articles.
Additionally,
- After 6 August 2026, shall not be placed on the market formaldehyde in road vehicles, if under the test conditions specified in Appendix 14, the concentration of formaldehyde released from them exceeds the following values:
-
- 062 mg/m3 for interior of those vehicles.
For more information, please check on official publication in European Commission website here.
Commission Delegated Regulation (EU) 2023/1435 – Amend on CLP Regulation
On 2nd May, the European Parliament published COMMISSION DELEGATED REGULATION (EU) 2023/1435 amend Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards the modification of entries in Part 3 of Annex VI for 2-ethylhexanoic acid and its salts, boric acid, diboron trioxide, tetraboron disodium heptaoxide hydrate, disodium tetraborate anhydrous, orthoboric acid sodium salt, disodium tetraborate decahydrate, and disodium tetraborate pentahydrate.
The following index numbers 005-007-00-2, 005-008-00-8, 005-011-00-4 and 607-230-00-6 which appear on Annex VI have been replaced.
This modification shall apply from 1 February 2025. However, suppliers may classify, label and package substances and mixtures listed in the Annex to this Regulation in accordance with Regulation (EC) No 1272/2008, as amended by this Regulation, as from 31 July 2023.
If you would like to check the entries affected, please consult the official publication here.
Rhode Island Extends Effective Date for PFAS in Food Packaging Law
On June 22, 2023, the State of Rhode Island approved Bill H5861 Substitute A as amended to amend Bill H7438 Substitute A that prohibits intentionally added PFAS chemicals in food packages. Under the amendment, the effective date of the prohibition was extended from January 1, 2024 to July 31, 2024.
Sustainability, circular economy and environment
Fight against Deforestation – New Regulation (EU) 2023/1115
On 31th of May 2023, European Parliament published and adopted the Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation. Which aimed at tackling deforestation and forest degradation driven by the European Union (EU) and it repeals Regulation (EU) No 995/2010.
This new regulation lays down rules regarding the placing and making available on EU's market, as well as the export from the EU of relevant products, that contain, have been fed with or have been made using relevant commodities, with a view to minimising the EU's contribution to deforestation and forest degradation worldwide, and reducing the EU's contribution to greenhouse gas (GHG) emissions and global biodiversity loss.
This new regulation shall affect goods classified in Annex I of this regulation, which include as relevant commodity Wood products and relevant products such as: Plywood, veneered panels and similar laminated wood, packing cases, boxes, crates, drums and similar packing’s, Tableware and kitchenware, of Wood as well as many other products.
For more information, please consult the official publication here.
Miscellaneous technical publications relating to environmental, plastics, packaging and waste
The table below summarises the most recent publications regarding the environment, circular economy and sustainability (non-exhaustive):
|
Entity |
Date |
Publication |
|
European parlament |
05/06/2023 |
Fast fashion's high production and disposal rates have led to significant environmental impacts. The EU aims to combat this by reducing textile waste, promoting longer garment lifecycles, and encouraging textile recycling to achieve a circular economy by 2050. Because of that "The impact of textile production and waste on the environment (infographics)" was published with the aim to aid compliance. |
|
European parlament |
07/07/2023 |
Environmental impact of waste management – revision of EU waste framework The Waste Framework Directive prioritizes waste prevention and re-use to protect public health and the environment through proper waste management. It aims to minimize waste generation and improve separate collection for recycling. |
|
European parlament |
06/07/2023 |
The proposal aims to update Union consumer law to protect consumers and empower them in the green transition. It focuses on providing reliable and transparent information to tackle greenwashing, promote sustainable choices, and integrate sustainability into reporting cycles. This complements the New Circular Economy Action Plan and the New Consumer Agenda. |
|
EFSA : The European Food Safety Authority |
03/07/2023 |
The EFSA Panel assessed the safety of Coca-Cola HBC's recycling process and CCH CIRCULARPET recycling process using NGR technology for PET flakes.
|
|
France Goverment - French Ministry of Ecological Transition and Territorial Cohesion |
06/07/2023 |
Decree 2023-504 of June 22, 2023 containing various provisions relating to the environmental assessment of plans and programs aims to make changes to the environmental evaluation process for certain plans and programs in France. It modify R122.17 of French Environmental code by changing and adding new items to the list of evaluated plans and programs for "national low-carbon strategy" (Stratégie nationale bas carbone). |
|
France Goverment - French Ministry of Ecological Transition and Territorial Cohesion |
06/07/2023 |
Decree of June 16, 2023, establishing the national model for environmental authorization requests sets the national model for environmental authorization applications in France. The applicant can use the provided form (CERFA no 15964*03) available on the website. Repealing the previous decree of 2019. |
|
France Goverment - French Ministry of Ecological Transition and Territorial Cohesion |
06/07/2023 |
French government open a consultation to establish criteria for removing waste status for pyrolysis oil from a plastic waste pyrolysis operation, for material use within a petrochemical unit, seeking to establish criteria for removing the waste status from pyrolysis oil derived from plastic waste. The project aims to encourage the use of pyrolysis oil and outlines requirements for the composition of plastic waste accepted in the pyrolysis process and the quality of the resulting oil, being in line with the directive n°2008/98/CE. |
|
French National Consumer Council (CNC) |
06/07/2023 |
The guide (Practical Guide to Environmental Claims for Consumers and Professionals) urges economic actors to conduct a legal audit of their environmental claims and provides guidelines for the use of various environmental claims.
|
|
Spain Goverment - Spain Ministry of Ecological Transition and Territorial Cohesion |
19/07/2023 |
The information states that errors were noticed in the insertion of Order TED/646/2023, regarding to determining when thermoplastic waste subjected to mechanical treatments and intended for the production of plastic products ceases to be waste in accordance with Law 7/2022. |
Cosmetics & Personal Care
Follow local needs in the anti-ageing market
Ageing is an inevitable process that begins from the moment we are born. However, due to behavioural, cultural, ethnic, environmental, nutritional and genetic differences, the rate and the severity of age-associated cutaneous changes might manifest differently in different people.
Anti-ageing has been a key focus point in the beauty industry for years. By 2030, it is estimated that one in six people globally will be aged over 60, meaning we can therefore expect further strong market growth. However, the visible signs of ageing and the products used to counteract them are approached differently in different parts of the world:
- In Europe, while demand has remained consistent over the past few years (anti-wrinkle, firming, anti-age-spot, etc.), we're seeing a shift towards "healthy ageing" and away from anti-aging. The idea is often no longer to hide wrinkles or grey hair, but to embrace them. In other words, it's no longer a question of preventing ageing, but of ageing well. Emotions are an integral part of the concept of “ageing well” or "happy ageing". Eurofins has been addressing this for many years, developing specific protocols based on neuroscience. In this way, specific cognitive measures of age perception, wellbeing or self-esteem can be correlated with an instrumental approach.
- Asian people tend to experience a distinct rate of ageing and have characteristic signs of ageing compared to other ethnicities. In Asia, consumers have a particular interest in skin tone and skin whitening.
- In China, in order to assess the anti-age-spot and whitening effects of cosmetics, the National Medical Products Administration has developed two standardised testing methods. As a result, there is a huge market for whitening and anti-age-spot products in China.
- In Korea, there is also high demand for health functional foods that promote antioxidation, skin health, and relief of menopausal symptoms, as well as beauty devices. The Ministry of Food and Drug Safety (MFDS) in Korea regulates cosmetics and oral supplements that claim to have a specific effect as functional cosmetic and health functional foods, respectively. Certification marks are granted to products that have been verified for safety and efficacy by evaluation.
- North America has dominated the global anti-ageing market. Sales of sunscreens are rising fast in the U.S. due to increased consumer awareness of the health risks associated with overexposure to the sun, particularly premature skin ageing. Preventing the signs of ageing is a key consideration in the use of sunscreens, with nearly seven out of ten adults using them for this purpose. The anti-ageing trend in the USA is also very focused on a regular skin routine and food supplements.
With a worldwide network of accredited laboratories and experts at the forefront of local regulations, Eurofins Cosmetics & Personal Care can support you in addressing local anti-ageing demands in order to stay competitive on your market while being compliant with regulations.
Launch reliable, transparent and sustainable cosmetic products on the market
Nowadays, consumers are struggling to comprehend the many labels indicating the sustainability of cosmetic products, and sometimes companies can misrepresent the environmental impact of their products, a practice known as greenwashing. When claims appear to be unreliable, this undermines consumer trust. The EU Commission is committed to combating greenwashing and misleading environmental claims, going beyond the general ban on misleading advertising.
On March 2023, the Commission adopted a proposal for a directive on “green” claims. Currently, it is under public consultation, with a planned deadline for this summer. The directive will define new criteria to stop companies from making misleading claims about the environmental merits of their products and services.
The Eurofins Cosmetics & Personal Care network of laboratories can help you to substantiate your green claims using robust, science-based and verifiable methods for your cosmetic products and packaging. We offer a full range of biodegradability, compostability and recyclability testing. Some of our tests include:
- Ready biodegradability (OECD 301 A,OECD 301 B, OECD 301 D, OECD 301 F)
- Intrinsic biodegradability (OECD 302 B, OECD 302 C)
- Compostability testing (EN 13432 ASTM D6400, in an industrial environment) comprises 4 tests - Chemical composition study - Biodegradability testing (ISO 14855) - Disintegration testing (ISO 16929), - Terrestrial ecotoxicity testing (OCDE 208)
- Compostability testing in a domestic environment (NF T 51800)
Our experts can advise you on the best selection of tests to suit your needs and products. In addition, other tests can complement these studies to determine whether the degraded material remaining after biodegradation/disintegration releases toxic or harmful chemicals: ecotoxicity tests on terrestrial organisms and plants, microplastic analysis, etc.
Evaluate the solar spectrum protection of your sunscreen products
Until very recently, discussions on sun protection was focused on ultraviolet rays (UVs). Indeed, exposure to UV radiation leads to darkening of the skin (tanning) and can also cause the appearance of erythema, free radicals and premature ageing. However, UVs represent only 7% of radiation reaching the earth's surface; the remainder consists of visible light and infrared (IR). High energy visible light (HEV) is also a known cause of indirect DNA damage, carrying an increased risk of skin inflammation and immunosuppression, and advanced pre-ageing. This is blue light that is emitted by the sun and devices such as phones, laptops, and televisions. Long-term exposure is harmful, but unfortunately our skin is increasingly being exposed to artificial blue light via electronic devices.
The Eurofins Cosmetics & Personal Care network of companies provides a broad range of testing services to evaluate the solar spectrum protection in vitro and in vivo:
- Protection from all UVs protection according to local legislation
- IR protection, through quantification of the Malondialdehyde (MDA) level, commonly known as a marker of oxidative stress
- Blue light protection (both oxidative and pigmentation protections on different phototypes, HEV blocking potential, hazardous blue-violet 415-455 nm blocking potential, HEV Critical Wavelength, HEV photostability ratio)
With 20 testing laboratories worldwide, including in Europe, Australia, the USA and China (CMA certified and NMPA approved), with experts actively involved in standardisation committees (e.g. the ALT-SPF Consortium, ISO, etc.), Eurofins Cosmetics & Personal Care is committed to staying ahead of the current and future regulatory environment for solar testing.
Softlines & Leather
Standard 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 |
| EN 17134-2:2023 |
Textiles and textile products - Determination of biocide additives - Part 2: Chlorophenol-based preservatives, method using gas chromatography |
2024-01-31 |
|
|
Textiles - Quantitative analysis of cashmere, wool, other specialty animal fibers and their blends - Part 1: Light microscopy method (ISO 17751-1:2023) |
2024-01-31 |
||
|
|
Resilient, textile, laminate and modular mechanical locked floor coverings - Circular Economy - Terms and definitions |
2024-01-31 |
|
|
Leather - Determination of total content of certain bisphenols (ISO 11936:2023) |
2024-01-31 |
||
An end to the penalties for confusion caused by some recycling markings
On 6th July 2023, the French authorities published Decisions 449872, 450134 & 450158 of June 30, 2023 which cancelled the following decrees:
- Decree of 30 November 2020 relating to signs and markings that may lead to confusion about the rule for sorting or returning product waste, which came into force on 1 January 2021.
Specifically, this order defined signs and markings that may lead to such confusion as figures/ graphics representing two or more arrows rolled up and inscribed in a circle.
- Point 4 of part II of the appendix to the decree of December 25, 2020, amending the specifications of eco-organizations in the household packaging sector, indicates a penalty to product packaging on which is affixed one of the signs or one of the markings defined in the Decree of 30 November 2020. This penalty was effective from 1 April 2021.
Export of Consumer products into UK
On 4th May 2023, the Office for Product Safety and Standards update Statutory Guidance General Product Safety Regulations 2005. This update indicates that the UK government extended the date for providing the information on the name and address of the importer on a product. This information has been extended until 31 December 2027.
It is important to have account that where an importer of consumer products covered by the 2005 Regulations finds that it is not reasonable for them to indicate on the product or its packaging their name and address, then the importer may adopt an alternative approach so that each product is traceable back to its source by the final end user/consumer and a regulator. Some of these alternatives are:
- The importer’s address in the shipping documents.
- The importer’s address on the invoice to the GB customer.
- The importer’s address on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
The company website, in addition, can be used to provide more information about the product details and contact points for retailers, consumers and enforcement bodies.
For more information, please consult the official publication here.
CPSC Issues New Mandatory Standard for Adult Portable Bed Rails
On July 21, 2023, the U.S. Consumer Product Safety Commission (CPSC) published the new federal mandatory Safety Standard for Adult Portable Bed Rails, in order to protect consumers from unreasonable risks of injury and death associated with entrapment by adult portable bed rails (APBRs).
The new standard incorporates by reference the voluntary, ASTM F3186-17, Standard Specification for Adult Portable Bed Rails and Related Products, with modifications.
The following key modifications are made to ASTM F3186-17:
- Added new definitions to ensure consistency throughout the rule.
- Improved requirements for manufacturers to inform the consumer of the range of mattress thicknesses to ensure safe use of the product and to provide testers with guidance for selecting the correct mattress thickness during the test setup.
- Updated the requirements for entrapment testing to be consistent with known hazards.
The effective date of the new standard is August 21, 2023.
Toys, Childcare & Hardlines
(EU) 2023/1338 – Safety Requirements for Childcare products
On 28th of June 2023, European Commission published decision (EU) 2023/1338 on the safety requirements to be met by European standards for certain children’s products and related products pursuant to Directive 2001/95/EC of the European Parliament and of the Council.
In this new publication adopted by the European Commission, the main objective is to establish safety requirements for certain children's products and related items within the European Union. Furthermore, it’s also aiming to enhance the safety of children's products in the EU market, reduce potential hazards, and promote consumer confidence in the products they purchase for children.
This Decision shall enter into force on 18th July 2023.
Note: Directive 2001/95/EC (General Product Safety Directive) applies to the aspects and risks or categories of risks not covered by Directive 2009/48/EC (Toy Safety Directive).
For more information, please consult the official publication here.
Fight against Deforestation – New Regulation (EU) 2023/1115
On 31th of May 2023, European Parliament published and adopted the Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation. Which aimed at tackling deforestation and forest degradation driven by the European Union (EU) and it repeals Regulation (EU) No 995/2010.
This new regulation lays down rules regarding the placing and making available on EU's market, as well as the export from the EU of relevant products, that contain, have been fed with or have been made using relevant commodities, with a view to minimising the EU's contribution to deforestation and forest degradation worldwide, and reducing the EU's contribution to greenhouse gas (GHG) emissions and global biodiversity loss.
This new regulation shall affect goods classified in Annex I of this regulation, which include as relevant commodity Wood products and relevant products such as: Plywood, veneered panels and similar laminated wood, packing cases, boxes, crates, drums and similar packing’s, Tableware and kitchenware, of Wood as well as many other products.
For more information, please consult the official publication here.
An end to the penalties for confusion caused by some recycling markings
On 6th July 2023, the French authorities published Decisions 449872, 450134 & 450158 of June 30, 2023 which cancelled the following decrees:
- Decree of 30 November 2020 relating to signs and markings that may lead to confusion about the rule for sorting or returning product waste, which came into force on 1 January 2021.
Specifically, this order defined signs and markings that may lead to such confusion as figures/ graphics representing two or more arrows rolled up and inscribed in a circle.
- Point 4 of part II of the appendix to the decree of December 25, 2020, amending the specifications of eco-organizations in the household packaging sector, indicates a penalty to product packaging on which is affixed one of the signs or one of the markings defined in the Decree of 30 November 2020. This penalty was effective from 1 April 2021.
Toys & childcare – UK Amends List of Safety Standards for Toy
On June 22, 2023 the UK’s Department for Business and Trade published Notice 0084/23. This notice announces the review of the list of designated toy safety standards for demonstrating compliance with Toys (Safety) Regulations 2011 (S.I. 2011/1881).
This action has been made by UK authorities to move towards the latest toy safety standard published in May by CEN (Comité Européen de Normalisation) which amend EN 71-13:2021+A1:2022 for olfactory board games, cosmetic kits and gustative games.
According to this, the list of published standards has been amend updating the previously mentioned standard EN 71-13 - Safety of toys – Part 13: Olfactory board games, cosmetic kits and gustative games.
This amend came in force the same day of this publication.
For more information, please consult the official publication here.
Export of Consumer products into UK
On 4th May 2023, the Office for Product Safety and Standards update Statutory Guidance General Product Safety Regulations 2005. This update indicates that the UK government extended the date for providing the information on the name and address of the importer on a product. This information has been extended until 31 December 2027.
It is important to have account that where an importer of consumer products covered by the 2005 Regulations finds that it is not reasonable for them to indicate on the product or its packaging their name and address, then the importer may adopt an alternative approach so that each product is traceable back to its source by the final end user/consumer and a regulator. Some of these alternatives are:
- The importer’s address in the shipping documents.
- The importer’s address on the invoice to the GB customer.
- The importer’s address on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
The company website, in addition, can be used to provide more information about the product details and contact points for retailers, consumers and enforcement bodies.
For more information, please consult the official publication here.
Rhode Island Extends Effective Date for PFAS in Food Packaging Law (Chemical – Packaging)
On June 22, 2023, the State of Rhode Island approved Bill H5861 Substitute A as amended to amend Bill H7438 Substitute A that prohibits intentionally added PFAS chemicals in food packages. Under the amendment, the effective date of the prohibition was extended from January 1, 2024 to July 31, 2024.
CPSC Issues New Mandatory Standard for Adult Portable Bed Rails
On July 21, 2023, the U.S. Consumer Product Safety Commission (CPSC) published the new federal mandatory Safety Standard for Adult Portable Bed Rails, in order to protect consumers from unreasonable risks of injury and death associated with entrapment by adult portable bed rails (APBRs).
The new standard incorporates by reference the voluntary, ASTM F3186-17, Standard Specification for Adult Portable Bed Rails and Related Products, with modifications.
The following key modifications are made to ASTM F3186-17:
- Added new definitions to ensure consistency throughout the rule.
- Improved requirements for manufacturers to inform the consumer of the range of mattress thicknesses to ensure safe use of the product and to provide testers with guidance for selecting the correct mattress thickness during the test setup.
- Updated the requirements for entrapment testing to be consistent with known hazards.
The effective date of the new standard is August 21, 2023.
