Toys & Hardlines regulatory updates December 2023

EUROPE

European rules on recycled plastic content in single-use plastic beverage bottles

On 1 December 2023, the European Commission published the Commission Implementing Decision (EU) 2023/2683 of 30 November 2023 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on recycled plastic content in single-use plastic beverage bottles.

Member States are to report to the Commission information on recycled plastic content in PET bottles and all beverage bottles to demonstrate the attainment of the targets of recycled plastic content as set by Directive (EU) 2019/904.

Member States shall calculate:

The weight of the plastic parts of beverage bottles placed on the market.
The weight of recycled plastic in beverage bottles placed on the market.
The resulting proportion of recycled plastic content in beverage bottles placed on the market.

Member States report the data and shall submit the quality check report in the format laid down in Annex II and III of this Decision every year.

For more information, please visit the official publication on the European Commission website here.

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Date of withdrawal: The latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.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	Reference	Supersedes
EN 1022:2023	Furniture - Seating - Determination of stability	31 May 2024	EN 1022:2018
EN 17917:2023	Paper and board - Paper and board intended to come into contact with foodstuffs - Determination of aluminium in aqueous extracts	30 June 2024
EN 17902:2023	Furniture - Circularity - Evaluation method for dis/re-assembly capability	30 June 2024
EN 12521:2023	Furniture - Safety, strength and durability - Requirements for domestic tables	31 May 2024	EN 12521:2015
EN 1725:2023	Furniture - Beds - Requirements for safety, strength and durability	31 May 2024	EN 1725:1998

European initiatives related to the General Product Safety Regulation

The European Commission published a new initiative related to Regulation (EU) 2023/988 on General Product Safety.

Below is a summary table with the published initiative:

Published initiative	Status
General Product Safety Directive – decision on citing certain European standards This decision aims to identify specific European standards which comply with the requirements in the General Product Safety Directive and publish the references to these in the EU Official Journal.	Commission adoption planned for Q4 2024

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
10 November 2023	Order of 10 November 2023 laying down various provisions relating to funds dedicated to financing the repair, reuse and reuse of products falling under the principle of extended producer responsibility This decree modifies the specifications of the sectors with extended responsibility of the producer of electrical and electronic equipment, sporting and leisure articles and DIY and garden articles concerning the funds dedicated to financing repair and reuse and reuse.
26 November 2023	Order of 23 November 2023 amending the amended order of 27 October 2021 relating to specifications for eco-organizations and individual systems in the extended responsibility sector of the producer of DIY and garden articles This decree supplements the decree establishing specifications for eco-organisations and individual systems of the extended responsibility sector of the producer of DIY and garden items to take into account the provisions of article L. 541-10-4 and R. 541-107 et seq. of the Environmental Code. It thus introduces provisions relating to coordination in the event of approval of several eco-organisations for the same family of DIY and garden items and provides in particular for the creation of an Annex III containing specifications for approval of coordinating bodies.
10 December 2023	Order of 7 December 2023 laying down specifications for eco-organizations and individual systems in the extended responsibility sector for producers of household packaging, printed paper and graphic papers This decree defines the specifications of eco-organisations which must contribute to or provide for the collection, recycling, and reuse of waste from household packaging, printed paper and paper for graphic use. It also defines the specifications for individual systems put in place, where applicable, by producers to individually fulfil their extended responsibility obligations.
14 December 2023	The practical guide to environmental claims was published by the Agence de la Transition Ecologique (ADEME) with the aim to provide advice to help understand the claims used in consumer products and the way professionals communicate precisely, reliably and deliver information that is relevant to consumers.

CPSC publishes proposed rule for electronic filing (eFiling) of the Certificates of Compliance

On 8 December 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register the supplemental notice of proposed rulemaking (SNPR) to revise the Commission's rule regarding the Certificates of Compliance – 16 CFR 1110. The proposed changes are designed to bring the Certification rule into alignment with other CPSC regulations regarding testing and certification. Additionally, the SNPR introduces a proposal for the electronic filing (eFiling) of the certificates for the CPSC-regulated products and substances that are imported to be sold as finished products to the consumers, to be filed with the U.S. Customs and Border Protection (CBP).

In 2013, the CPSC sought to revise the Certification rule – 16 CFR 1110, with the aim of aligning it with the testing rules for children's products under 16 CFR part 1107 and the component part testing under 16 CFR part 1109, whilst also introducing the requirement for electronic filing (eFiling) of certificates for imported consumer products with the CBP. Building on these 2013 proposals, the current SNPR aims to further amend part 1110. This latest revision seeks to integrate terminology and concepts from the 1107 and 1109 rules, expand the definition of “importer” to better address concerns about the product certifier’s control over and knowledge of the goods, permit private labellers to test and certify products and implement eFiling for all imported, CPSC-regulated consumer products and substances that are sold as finished products to the consumers. These updates are part of a continued effort to streamline compliance processes and enhance clarity while maintaining effective oversight of product safety.

The CPSC, based on experience from the eFiling Alpha Pilot (2016), the Certificate Study (2017) and the current eFiling Beta Pilot, has designed the eFiling System to reduce the burden and offer importers two methods for entering certificate data: the Full Message Set and the Reference Message Set via the Product Registry.

With the Full Message Set, importers submit all certificate data directly through CBP's Automated Commercial Environment (ACE) system. The Reference Message Set, on the other hand, requires importers to first enter all certificate data into the CPSC Product Registry and then submit a unique ID through ACE. The CPSC Product Registry provides a user-friendly interface for importers or their designees to input certificate data, either individually, in batches using a CSV template, or through an API for instantaneous entry. This registry not only allows importers to manage and view all submitted certificates but also enables them to grant varying levels of access to third parties like brokers or testing labs.

The SNPR broadens the definition of “importer” to include any entity the CBP allows to be an importer of record. The proposed rule also defines additional terms to develop the revised definition of “importer” in the SNPR, such as “importer of record,” “consignee,” and “owner or purchaser.” These definitions are based on CBP's definitions, found in 19 CFR 101.1 and Customs Directive 3530–002A, with slight changes to reflect CPSC's purposes.

The following are key revisions to the rule:

Certificate content:

The proposed rule retains the seven statutory data elements required by the current 16 CFR 1110 rule and includes one additional requirement – attestation. However, the SNPR provides additional detail on the required data elements.

The proposed rule will require the following content for each finished product certificate:

Identify the finished product(s) covered by the certificate. Certifiers must provide at least one of the following unique identifiers: global trade item number (GTIN), model number, registered number, serial number, stock keeping number (SKU), universal product code (UPC), or alternate identifier, along with a sufficient description to match the finished product to the certificate.
The list of all applicable CPSC rules, regulations, bans or standards, identified separately, to which the finished product is being certified.
Identify the party certifying compliance of the finished product(s), including the party's name, street address, city, state or province, country or administrative region, electronic mail (email) address, and telephone number.
Identify and provide contact information (consisting, at a minimum, of the individual's name, street address, city, state or province, country or administrative region, email address, and telephone number) for the individual maintaining the records.
Provide the date (month and year, at a minimum) and place (including a manufacturer name, street address, city, state or province, country or administrative region, email address, and telephone number) where the finished product(s) were manufactured, produced, or assembled. For manufacturing runs over a series of days, provide the initial date of manufacture (month and year, at a minimum).
Provide the most recent date and places (including the name of each third-party conformity assessment body or other party on whose testing the certificate depends: name, street address, city, state or province, country or administrative region, email address, and telephone number) where the finished product(s) were tested for compliance with the applicable CPSC rule(s), ban(s), standard(s), or regulation(s).
Include the following attestation:
I hereby certify that the finished product(s) covered by this certificate comply with the rules, bans, standards, and regulations stated herein and that the information in this certificate is true and accurate to the best of my knowledge, information, and belief. I understand and acknowledge that it is a United States federal crime to knowingly and willfully make any materially false, fictitious, or fraudulent statement, representation, or omission on this certificate.

eFiling:

The finished product certifier must eFile the General Certificate of Conformity (GCC) or Children's Product Certificate (CPC) data elements required under this rule in the ACE at the time of filing the CBP entry, or the time of filing the entry and entry summary, if both are filed together for all imported products, including de minimis shipments.

In the case of finished products imported as a mail shipment, the finished product certifier must enter the GCC or CPC data elements required by this rule into the CPSC's Product Registry prior to the product or substance arriving in the United States.

Recordkeeping:

Currently, under the Testing and Labeling Pertaining to Product Certification rule (16 CFR 1107), a Children's Product Certificate (CPC) and its associated documents must be kept for a period of five years. Similarly, the SNPR proposes that General Certificates of Conformity (GCC) and their supporting records should be retained for five years from the date of their creation. This duration aligns with the five-year statute of limitations for initiating legal action regarding civil fines, penalties, or forfeitures for violations of consumer product safety laws. Moreover, this proposed requirement for GCC recordkeeping would be consistent with the existing retention period mandated for CPCs.

Effective date:

The SNPR proposes a 120-day effective date for the final rule once the final rule is published in the Federal Register and seeks public comment on this proposed effective date.

The deadline for public comments for the SNPR is 6 February 2024.

Source: Supplemental Notice of proposed rulemaking: https://www.govinfo.gov/content/pkg/FR-2023-12-08/pdf/2023-25911.pdf

PRODUCT RECALLS / ALERTS

Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)” and “RASFF”) 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 38 alerts regarding toys, childcare articles and children's equipment products were reported between weeks 47 and 50 of 2023.

Type of Risk	Number of alerts	Notes
Burns	1	Children's fancy-dress mask The product is highly flammable. The product does not comply with the requirements of the Toy Safety Directive nor with the European standards EN 71-1 and EN 71-2.
Chemical	8	Plastic doll The plastic material of the head of the doll has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) and benzyl butyl phthalate (BBP). These products do not comply with the REACH Regulation.
	2	Plastic toys The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), and diisobutyl phthalate (DIBP). These products do not comply with the REACH Regulation.
	1	Slime toy The migration of boron from the toy slime is too high. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-3. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-3.
	1	Inflatable ring 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.
	1	Children´s highchair The chair has an excessive concentration of lead. The product does not comply with the REACH Regulation.
Choking	1	Battery-operated soft toy Small parts (eyes and the nose) can easily detach. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Interactive doll The fibrous stuffing material of the doll is easily accessible, due to the weakness of certain seams. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Toy car Small pieces can easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Plush toy The plush toy has small parts (nose). The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Teething ring The entire purple part of the teething toy may get stuck in the mouth of a small child who is unable to sit up unaided. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	2	Soft toy A small part can easily detach. These products do not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Toy duck The plastic toy duck has small parts that can easily detach (the button of the three-bladed propeller). This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Puzzle Small parts can easily detach (grab the button of the puzzle pieces). This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Toy train with wagons Small parts from the product (front wheels, rear wheels, tow bar of the letter wagon, as well as parts of the roof) can easily detach. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Choking, Damage to sight, Injuries	1	Toy gun The suction cups of the projectiles can be easily detached. Moreover, the kinetic energy of the projectiles fired from the toy gun is too high and the leading part is not made of resilient material. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Choking, Entrapment	1	Rattle toy The rattle toy is too long and if a child puts it in the mouth. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Choking, Injuries	1	Magnetic balls The toy is made of small parts (balls) with a high magnetic flux. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Cuts	1	Plastic toy The toy has rough edges. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Damage to sight	1	Slingshot toy The material of the projectile is too hard. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Injuries	1	Toy motorcycle A child's foot may become trapped by the kickstand. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Toy crossbow The product can shoot improvised projectiles, such as a pencil, with excessive kinetic energy. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Magnetic balls The toy is made of small parts (balls) with a high magnetic flux. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Magnetic toy set The product can easily break into small parts with a high magnetic flux. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Microbiological	1	Soap bubble toy The soap-bubble solution of the toy is contaminated with aerobic mesophilic bacteria Alicyclobacillus acidoterrestris and Alicyclobacillus acidocaldarius. This product does not comply with the requirements of the Toy Safety Directive.
Strangulation	1	Slime When rotated over the head the elastic cord extends and can get wrapped around the neck. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Strangulation, Suffocation	1	Musical toy The perimeter of the fixed loop in the back of the dinosaur is too long. In addition, the plastic of the packaging is too thin. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Suffocation	1	Rattle toy The plastic of the packaging is too thin. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Suffocation	1	Toy pistol The plastic of the packaging is too thin. This product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.

The following 5 alerts regarding furniture were reported between weeks 47 and 50 of 2023.

Type of Risk	Number of alerts	Notes
Injuries	1	Plastic chair The armrest of the chair breaks easily. This product does not comply with the requirements of the General Product Safety Directive or with the European standards EN 581-2 and EN 1728.
	1	Plastic table The product is not sufficiently stable and may break. This product does not comply with the requirements of the General Product Safety Directive or with the European standard EN 581.
	1	Chair The chair is not sufficiently stable and may break. This product does not comply with the requirements of the General Product Safety Directive or the European standard EN 1728.
	1	Wooden table The metal construction of the table can break. This product does not comply with the requirements of the General Product Safety Directive.
Chemical	1	Shower mat The product has excessive concentrations of bis(2-ethylhexyl) phthalate (DEHP). This product does not comply with the REACH Regulation.

The following 13 alerts regarding jewellery were reported between weeks 47 and 50 of 2023.

Type of Risk	Number of alerts	Notes
Chemical	1	Bracelet The bracelet has an excessive concentration of lead. This product does not comply with the REACH Regulation.
	3	Necklace The product contains or releases an excessive amount of cadmium. These products do not comply with the REACH Regulation.
	3	Earrings The product contains or releases an excessive amount of cadmium. These products do not comply with the REACH Regulation.
	5	Rings The product contains or releases an excessive amount of cadmium. These products do not comply with the REACH Regulation.
Chemical, Environment	1	Smartwatch The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). Additionally, the plastic material of the product has an excessive concentration of lead. This 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).

The following 6 alerts regarding miscellaneous products were reported between weeks 47 and 50 of 2023.

Type of Risk	Number of alerts	Notes
Burns, Cuts	1	Tealight holder The tea light holder breaks after a prolonged candle-lit time. This product does not comply with the requirements of the General Product Safety Directive.
Chemical, Environment	1	Cosmetic bag The plastic material of the product has excessive concentrations of bis(2-ethylhexyl) phthalate (DEHP). The plastic material of the product also has excessive concentrations of short-chain chlorinated paraffins (SCCPs). This product does not comply with the REACH Regulation or the Persistent Organic Pollutants (POP) Regulation.
Environment	1	Fridge The solders in the product have an excessive concentration of cadmium and lead. This 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).
Environment	1	Dog necklace The solders in the product have an excessive concentration of lead. This 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).
Fire	1	Candles The whole candle burns, not just the wick. This product does not comply with the requirements of the General Product Safety Directive or the European standard EN 15493.
Injuries	1	Relay device and descender When the device is used to secure a follower during mountaineering or climbing, if the follower falls, a potentially damaged follower’s loop may bend open. This product does not comply with the requirements of the General Product Safety Directive.

RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)

The following 6 alerts regarding food contact materials related to children's tableware were reported from 21 November 2023 to 20 December 2023.

Product	Notes
Lunch boxes	Unauthorised use of wheat in plastic lunch boxes	RASFF Window - Notification detail (europa.eu)
Kids Dish Set (Cup, Plate, Bowl & Spoon)	Unauthorised use of bamboo fibres mixed with plastics in food contact material	RASFF Window - Notification detail (europa.eu)
Boxes and bottles	Overall migration from polypropylene boxes and bottles	RASFF Window - Notification detail (europa.eu)
Bamboo utensil set	Migration of lead from bamboo dinnerware set	RASFF Window - Notification detail (europa.eu)
Paper straw	DEHP in paper straws	RASFF Window - Notification detail (europa.eu)
Bamboo fibre cups	Unauthorised use of bamboo fibres mixed with plastics in food contact material	RASFF Window - Notification detail (europa.eu)

OPSS issues Product Safety Alerts on the UK market.

The following 9 alerts regarding toys and childcare products were reported between weeks 47 and 50 of 2023.

Type of Risk	Number of alerts	Notes
Asphyxiation	1	Arched cot toy The removable plastic rings on the arch fit through a small parts cylinder. This product does not meet the requirements of the Toys (Safety) Regulations 2011.
Burns	1	Hot water bottle Certain batches may pose a burns risk due to a weak joint at the top seam of the hot water bottle. This product does not meet the requirements of the General Product Safety Regulations 2005.
Strangulation	1	Umbrella toy The two cords have the potential to tangle, and there is no specific warning relating to the possible danger this could cause. This product does not meet the requirements of the Toys (Safety) Regulations 2011.
Strangulation	1	Toy slide The fixed loop of the attached basketball net is greater than the 380 mm permissible limit. This product does not meet the requirements of the Toys (Safety) Regulations 2011.
Suffocation	5	Baby Sleeping Product The design of the product allows the baby to slip below the covers causing overheating and potentially airway obstruction, both of which have been associated with sudden infant death syndrome (SIDS). These products do not meet the requirements of the General Product Safety Regulations 2005.

U.S.

From 30 November 2023 to 14 December 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:

11 recalls regarding toys and childcare products

Hazard	Number of alerts	Notes
Suffocation	4	Play yard mattresses The recalled mattresses violate multiple provisions of the Safety Standard for Crib Mattresses, including the firmness and thickness tests and missing warnings and labels. These products pose a suffocation hazard to infants.
Laceration and choking	2	Children’s cups The bottom exterior of the stainless-steel cups contains an accessible solder bead with levels of lead that exceed the federal lead content ban. Lead is toxic if ingested by young children and can cause adverse health effects. In addition, the lid can crack and break during use producing sharp edges and small parts, posing laceration and choking hazards to children.
Injury and death	1	Inclined sleeper bassinets The recalled bassinets violate the Safe Sleep for Babies Act because they were marketed for infant sleep and have an incline angle greater than 10 degrees. Infant fatalities have occurred in inclined sleeper products after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances. The bassinets also violate the Infant Sleep Products regulation because they do not have a stand.
Choking	1	Plush toys The eyes of the plush toys can break off, posing a choking hazard to young children.
Perforations, twisting of intestines, infection, blood poisoning, and death	1	Magnetic balls CPSC testing determined the magnetic ball sets do not comply with the requirements of the mandatory federal toy regulation because they contain one or more magnets that fit within CPSC’s small parts cylinder and the magnets are stronger than permitted. When high-powered magnets are swallowed, the ingested magnets can attract each other, or another metal object, and become lodged in the digestive system. This can result in perforations, twisting and/or blockage of the intestines, infection, blood poisoning and death.
Choking and ingestion	1	Rattles The bottom portion of the recalled baby rattles can detach, posing choking and/or ingestion hazards.
Injury	1	Strollers In “parent-facing” mode, the backrest of the seat can move downward, placing the infant in a negative recline. In this situation, an unrestrained infant could tumble from the seat, posing an injury hazard.

8 recalls of consumer products

Type of Risk	Number of alerts	Notes
Fall	1	Bicycle pedals The pedal body can detach from the pedal spindle and/or the pedal spindle can break, posing a fall hazard.
Strangulation	1	Roller blinds The recalled roller blinds have looped operating cords that pose a strangulation hazard to children.
Fire	1	Mattresses The mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard.
Fire	1	Mattress pads The recalled quilted cotton mattress pads fail to meet the mandatory federal flammability standard for mattress pads, posing a fire hazard.
Tip-over and entrapment	1	Cabinet The outer case or cabinet on the front, or smaller side, can break and fall when opening the bed from the front, posing an injury hazard. Further, the product can tip over if not anchored to the wall, posing tip-over and entrapment hazards.
Injury	1	Wire tools The wire tool attachment can break when dropped while tethered to a tool exceeding two pounds, posing an injury hazard to bystanders.
Fall and injury	1	Bunks beds Some Griffin Duo Bunk Beds failed to be properly assembled by Room & Board with set screws installed into the side rail brackets at the time of delivery. Brackets lacking set screws can create a collapse risk and fall and injury hazards.
Injury	1	Horse-riding saddles The saddle’s rivet or stirrup bar can break, causing the rider to fall, and posing an injury hazard.