Toys & Hardlines regulatory updates 05-2022
Revision of the Toy Safety Directive
On 25 May 2022, the public consultation was closed on protecting children from unsafe toys and strengthening the Single Market.
Restriction of substances in disposable baby diapers
On 20 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.
The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive).
Please find a table summarising recent public initiatives (non-exhaustive).
Updates on food contact materials
The main publications related to food contact materials between December 2021 and first quarter 2022.
Draft restriction for formaldehyde and formaldehyde releasing substances in articles
On 2 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.
New approved eco-organisations
On 28 April 2022, the French authorities approve 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.
The environmental labelling of waste-generating products
On 29 April 2022, the French authorities published the Decree No. 2022-748 of 29 April 2022 regarding consumer information on the environmental qualities and characteristics of waste-generating products.
The latest publications by several French entities related to consumer products and the environment.
New law to promote a circular economy
On 9 April 2022, Law 7/2022 of 8 April 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 28 July on waste and contaminated soil.
Amendments to the Toys (Safety) Regulations
On 13 April 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 15 October 2022.
New Hampshire introduces PFAS warning label bill
On 15 March 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.
CPSC issues direct final rule to update baby changing products standard
On 26 April 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.
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).
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.
US enacts Federal Safe Sleep for Babies Act
On 16 May 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.
Enforcement of Corded Window Covering Regulations
On 1 May 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.
China releases new product standards
The Chinese Ministry of Industry and Information Technology has recently released various new industry and national product standards.
Mercosur passes new resolutions
The South American trade bloc Mercosur (Argentina, Brasil, Paraguay and Uruguay) has adopted three new resolutions on food contact materials.
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).
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 5 alerts regarding toys & childcare products were reported between week 17 and week 20 of 2022.
U.S.
From 21 April 2022 to 20 May of 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
