Softlines & Leather regulatory updates July 2023

EUROPE

Standard updates

The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: the latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

FRANCE

An end to the penalties for confusion caused by some recycling markings

On 6 July 2023, the French authorities published Decisions 449872, 450134 & 450158 of 30 June 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 25 December 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.

UK

Export of consumer products into the UK

On 4 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 consider that where an importer of consumer products covered by the 2005 Regulations finds that it is not reasonable for them to indicate their name and address on the product or its packaging, then the importer may adopt an alternative approach so that each product is traceable back to its source by the end user/consumer and a regulator. Some of these alternatives are:

1. The importer’s address in the shipping documents
2. The importer’s address on the invoice to the GB customer
3. 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 refer to the official publication here.

US

CPSC issues new mandatory standard for adult portable bed rails

On 21 July 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 the 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 21 August 2023.

PRODUCT RECALLS / ALERTS

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

Europe

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

The following 24 alerts regarding clothing, textiles and fashion items were reported between week 25 and 28 of 2023.

UK

OPSS issues Product Safety Alerts on the UK market.

The following 4 alerts regarding clothing, textile and fashion items were reported between week 25 and 28 of 2023.

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