Toys & Hardlines regulatory updates 04-2022
Comments about the General product safety Regulation proposal
On 4 March 2022, the European Commission published the opinion of the European Economic and Social Committee on the proposal by the European Parliament and of the Council for a regulation on general product safety.
New approved eco-organisations
On 24 February 2022, the French authorities approved several eco-organisations for DIY and garden items and mineral or synthetic, lubricating or industrial oils according to the principle of extended producer responsibility (REP) defined in the environmental code.
The latest publications by several French entities related to consumer products and the environment.
FDA issues guidance on Initiation of Voluntary Recalls
On 4 March 2022, the Food and Drug Administration (FDA) published in the Federal Register the following notification of availability of a guidance for industry and FDA staff entitled “Initiation of Voluntary Recalls Under 21 CFR part 7, subpart C” (the “Guidance”).
Comments regarding the justification for the Phthalates final rule and the cost-benefit analysis for continuing the interim prohibition on DINP
On 24 March 2022, the Consumer Product Safety Commission (CPSC) published in the Federal Register the following Request for Comments.
New York proposes to restrict PFAS and Phthalates in packaging
The State of New York has recently proposed to expand its toxics in packaging act to include restrictions for phthalates and PFAS. Under FY 2023 New York State Executive Budget: Transportation, Economic Development and Environmental Conservation – Article VII Legislation, Part SS, beginning 31 December 2024, New York proposes to prohibit the distribution of packages and packaging components containing.
California introduces bill to ban intentionally-added microplastics
California has recently introduced Assembly Bill (AB) 2787 to ban the sale of certain products, such as leave-on cosmetics, waxes and polishes, that contain intentionally-added microplastics.
New Jersey introduces bill to restrict the use of recyclable claims
New Jersey has recently introduced Bill S2145 to prohibit the sale of certain products marketed as recyclable, unless the Department of Environmental Protection determines that the products are widely recycled.
EPA proposes to amend Formaldehyde emission standards for composite wood products
On 29 March 2022, the Environmental Protection Agency (EPA) issued in the Federal Register a proposed rule to update several voluntary consensus standards that are incorporated by reference in the formaldehyde standards for composite wood products under the Toxic Substances Control Act (TSCA). See Table 1 below for a summary of the proposed updates of voluntary consensus standards.
New York regulates flame retardants in certain consumer products
On 31 December 2021, the State of New York approved Bill A5418B to regulate covered flame retardants in certain consumer products. Beginning 1 January 2024, no person shall sell or offer for sale any new upholstered furniture or mattress, that contains any intentionally-added covered flame retardant chemical, individually or in combination.
California proposes second modification of Prop 65 short form warning rule
On 5 April 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued “Notice Second 15-Day Modification of Text for Proposed Amendment: Clear and Reasonable Warnings – Short Form.” After reviewing comments on the first modification, the OEHHA proposed the following significant changes.
Washington State passes PFAS priority products law
On 31 March 2022, the State of Washington enacted HB1694, which allows the Department of Ecology (DOE) to accelerate the regulation of PFAS-containing priority products under the Safer Products for Washington program.
California Proposition 65 reformulations
California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implementation of California Proposition 65, more and more court cases are being settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.
Proposition 65 60-Day notices for BPA in shoes
In April 2022, several Proposition 65 60-day notices for Bisphenol-A (BPA) in shoes were published. BPA is listed under Proposition 65 as a chemical known to cause reproductive toxicity.
China approves new substances safe for food contact
On 24 February 2022, China’s National Health Commission issued an announcement on the approval of new additives and materials safe for food contact use.
Regulatory proposals notified to WTO
The following table summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive).
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
UK
OPSS issues Product Safety Alerts on the UK market. The following 11 alerts regarding toys & childcare products were reported between week 12 and week 16 of 2022.
U.S.
From 21 March 2022 to 20 April of 2022, the CPSC (Consumer Product Safety Commission) published the following recalls.
