Softlines & Leather regulatory updates November 2023

Europe

Toxic chemicals present in childcare products

On 8 November 2023, the European Chemicals Agency (ECHA) published a news article which explained the results of ECHA’s investigation of toxic chemicals present in childcare products. This investigation found that substances such as cobalt and lead, along with phthalates like DEHP, are the most common CMR substances present in childcare products such as car seats, bibs, products related to toiletries, bedding and mattresses. For this reason, ECHA’s report provides elements to support the European Commission in the preparation of a restriction proposal for the use and presence of hazardous chemicals in childcare products based on Article 68 of REACH.

For more information, please refer to the EHCA official publication here.

A system is established for the specific protection of geographical indications for craft and industrial products

On 27 October 2023, the European Commission published Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753.

This new publication establishes a Union system for the protection of geographical indications for artisanal and industrial products. The aim is to register, protect and control in relation to geographical indications designating artisanal products and industrial products with a quality, reputation or other specific characteristic linked to their geographical origin.

On the other hand, geographical indications registered in the international register shall be established in accordance with the Geneva Act of the Agreement Lisbon Act on Appellations of Origin and Geographical Indications (hereinafter "Geneva Act") administered by the World Intellectual Property Organization (WIPO).

This Regulation applies to craft and industrial products, and it does not apply to agricultural products, foodstuffs or spirit drinks.

This regulation will be applicable from 1 December 2025.

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Date of withdrawal: The latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

CEN
Reference	Title	*Date of withdrawal ()**	Supersedes
EN 16484:2023	Leather - Requirements for the determination of the origin of leather production	31 March 2024	EN 16484:2015
EN ISO 1833-4:2023	Textiles - Quantitative chemical analysis - Part 4: Mixtures of certain protein fibres with certain other fibres (method using hypochlorite) (ISO 1833-4:2023)	30 April 2024	EN ISO 1833-4:2017

France

Relevant publications related to ERP and AGEC Law

The latest publications in relation to Extended Producer Responsibility (ERP) and AGEC Law by the French Ministry of Ecological Transition are summarised in the table below:

Date	Publication
18 October 2023	Frequently Asked Questions (FAQ) Decree in the Council of State relating to consumer information on the environmental qualities and characteristics of products generating waste in the application of article 13-I of the AGEC law
18 October 2023	Order of 12 October 2023 laying down specifications for approval of eco-organizations, individual systems and coordinating organizations of the sector with extended responsibility for the producer of furnishing elements designated in article R. 543-240 of the code of the environment. It sets out the approval specifications for eco-organisations, individual systems and coordinating organisations of the extended producer responsibility sector, applicable to furnishing elements whether intended for use by individuals or professionals. The Order comes into force on 1 January 2024.
6 November 2023	Info-tri information for the consumer and professionals General information about the info-tri so that consumers can understand the new indications found on the packaging of the products and on the products.
17 November 2023	Framework for environmental claims and consumer information on products. In order to provide the consumer with clearer, more understandable and more sincere information on the “environmental qualities and characteristics of products generating waste”, Article 13 I of the law relating to the fight against waste and the circular economy of 10 February 2020 (AGEC) plans to harmonise, regulate and specify, in substance and in the manner of presenting them, a certain number of environmental claims which can be found in this link here.

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 13 alerts regarding clothing, textile and fashion items were reported between week 43 and 46 of 2023.

Type of Risk	Number of alerts	Notes
Chemicals	4	Toiletry bag The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
		Rain boots The product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
		Children’s flip-flops The insole contains chromium VI. The product does not comply with the REACH Regulation.
		Wallet The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
Environmental	1	Hat with lighting chain The solder in the product has an excessive concentration of lead. The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
Injuries, Strangulation	3	Tracksuit The product has long functional cords and drawstring with free ends in the neck and waist area. The product does not comply with the requirements of the General Product Safety Directive or EN 14682.
Injuries, Strangulation	5	Hooded sweatshirt The product has long functional cords with free ends in the neck area. The product does not comply with the requirements of the General Product Safety Directive or EN 14682.

OPSS issues Product Safety Alerts on the UK market.

The following 2 alerts regarding clothing, textiles and fashion items were reported between week 43 and 46 of 2023.

Type of Risk	Number of alerts	Notes
Choking	1	Baby dungaree set The button attachment strength does not meet their standard because the button detached. The product does not meet the requirements of the General Product Safety Regulations 2005.
Choking	1	Baby snowsuit The silver poppers may become loose and detach, producing a small part. The product does not meet the requirements of the General Product Safety Regulations 2005.

U.S.

From 2 November 2023 to 22 November 2023, the CPSC (Consumer Product Safety Commission) published the following recalls: 2 recalls of textile & leather products

Hazard	Number of alerts	Notes
Burn	1	Children’s nightgowns The children’s nightgowns fail to meet the flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
Fall	1	Women’s high-heeled sandals The heels on the shoes can detach, posing a fall hazard.