Consumer Products | Monthly bulletin | February 2022

Eurofins newsflash Consumer Products

Chemical | Cosmetics & Personal Care | Softlines & Leather | Toys, Childcare & Hardlines | COVID-19

Chemical

Europe

New update of Candidate List of Substances of Very High Concern (SVHCs)

On 17^th January 2022, the ECHA (European Chemicals Agency) has released the new Candidate List of SVHCs. With the addition of 4 new substances, the current list of SVHCs contains 223 substances.

Below a table with the last substances included:

Nº	Substance name	EC number	CAS number	Reason for inclusion
1	tris(2-methoxyethoxy)vinylsilane	213-934-0	1067-53-4	Toxic for reproduction (Article 57c)
2	S-(tricyclo(5.2.1.0'2,6)deca-3-en-8(or 9)-yl O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate	401-850-9	255881-94-8	PBT (Article 57d)
3	6,6'-di-tert-butyl-2,2'-methylenedi-p-cresol	204-327-1	119-47-1	Toxic for reproduction (Article 57 (c))
4	(±)-1,7,7-trimethyl-3-[(4-methylphenyl)methylene]bicyclo[2.2.1]heptan-2-one covering any of the individual isomers and/or combinations thereof (4-MBC) (3E)-1,7,7-trimethyl-3-(4-methylbenzylidene)bicyclo[2.2.1]heptan-2-one EC No.: - \| CAS No.: 1782069-81-1 (1R,3E,4S)-1,7,7-trimethyl-3-(4- methylbenzylidene)bicyclo[2.2.1]heptan-2-one EC No.: - \| CAS No.: 95342-41-9 (1S,3Z,4R)-1,7,7-trimethyl-3-(4-methylbenzylidene)bicyclo[2.2.1]heptan-2-one EC No.: - \| CAS No.: 852541-25-4 (±)-1,7,7-trimethyl-3-[(4-methylphenyl)methylene]bicyclo[2.2.1]heptan-2-one EC No.: 253-242-6 \| CAS No.: 36861-47-9 (1R,4S)-1,7,7-trimethyl-3-(4-methylbenzylidene)bicyclo[2.2.1]heptan-2-one EC No.: - \| CAS No.: 741687-98-9 (1S,3E,4R)-1,7,7-trimethyl-3-(4- methylbenzylidene)bicyclo[2.2.1]heptan-2-one EC No.: - \| CAS No.: 852541-30-1 (1R,3Z,4S)-1,7,7-trimethyl-3-(4- methylbenzylidene)bicyclo[2.2.1]heptan-2-one EC No.: - \| CAS No.: 852541-21-0	-	-	Endocrine disrupting properties (Article 57(f) - human health)

Click here for getting the official List from ECHA’s website.

Amending Annex XVII to REACH Regulation

On 15^th December 2021, the European Union (EU) published Regulation (EU) No 2020/2081 with an amendment to, Annex XVII to Regulation (EC) No 1907/2006 of REACH as regards substances in tattoo inks or permanent make-up, which entered in force on 4^th January 2022.

This amendment adds the entry 75 of the Annex XVII and Appendix 13 – list of substances with specific concentration limits related to tattoo inks.

For more information about Tattoo inks and permanent make-up, consult the ECHA website here.

TiO₂ ban in food can be expected to other applications in near future

On 14^th of January, the European Commission published Regulation 2022/63 which bans the use of Titanium dioxide as colorant for food. The transitional period for the use is 6 months. This ban is exclusively applicable for the use of TiO₂ as food additive but it can be expected that this ban will also influence other applications for instance for the use of TiO₂ as pigment used in printing inks or in packaging for food. Also the pressure on the use of TiO₂ in cosmetic products is already increasing.

The Regulation will entry into force on 7^th February 2022.

Quantitative limits in 2022 for substances that deplete the ozone layer

On 20^th December 2021, the European Commission published the Commission Implementing Decision (EU) 2021/2257 which determinate the quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1^st January to 31^st December 2022.

Additional recent updates regarding REACH

The below table showcases a summary of the most recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:

Summary of the Most Recent Updates
Date	Subject	Link
23/12/2021	Restriction on the placing on the market and use of substances containing polycyclic aromatic hydrocarbons (PAHs) in clay targets for shooting.	For more information about Submitted restrictions under consideration here.
23/12/2021	Publication of assessment concluding that at present there is no need to restrict the use of arsenic acid in articles in accordance with article 69(2) of REACH. However, ECHA will continue to monitor the situation, especially through their databases of substances of very high concern in articles (SiA and SCIP).	For more information on Assessment report for arsenic acid here
23/12/2021	European Court of Justice confirms identification of bisphenol A as an endocrine disrupter to human health.	For more information, consult the jusgement C-876/19 P here.
23/12/2021	Publication about the Horizon 2020 project about nanomaterials and their physicochemical characterization.	The Nanopinion guest column here.
17/01/2022	Updated SCIP candidate list package available	For more information, consult the ECHA website here.
19/01/2022	ECHA has submitted a proposal to restrict the use of per- and polyfluoroalkyl substances (PFAS) in fire-fighting foams.	For more information, consult the ECHA website here.

Other interesting links about REACH from ECHA’s website

European public initiatives

Please find below a table summarising recent public initiatives (non-exhaustive):

Feedback period	About this initiative
20 January 2022 – 15 April 2022	Chemicals legislation – revision of REACH Regulation to help achieve a toxic-free environment The chemicals strategy for sustainability announces actions to better protect people and the environment against hazardous chemicals and to encourage innovation to develop safe and sustainable alternatives.
30 November 2021 – 18 January 2022	Microplastics pollution – measures to reduce its impact on the environment This initiative aims to tackle microplastics unintentionally released into the environment. It will focus on labelling, standardisation, certification and regulatory measures for the main sources of these plastics.
28 October 2021 – 23 December 2022	Hazardous waste - updated concentration limits for chemical pollutants Persistent organic pollutants (POPs) are poisonous chemicals that break down slowly and get into the food chain, harming the environment and our health. The European Commission is once again reviewing the limits of POPs substances to: ensure that such waste is managed in an environmentally sound way achieve safer recycling.

Technical publications

Please find below a table summarising recent technical publications (non-exhaustive):

Date

Entity

Title

15/12/2021

EFSA

(European Food Safety Authority)

Bisphenol A: EFSA draft opinion proposes lowering the tolerable daily intake

EFSA has re-evaluated the risks of bisphenol A (BPA) in food and proposes to considerably lower the tolerable daily intake (TDI) compared to its previous assessment in 2015. The public consultation is opened until 22 February 2022.

Recent Updates regarding CLP

The table below showcases a summary of the most recent updates (non-exhaustive) regarding CLP Regulation (EC) No 1272/2008:

Summary of the Most Recent Updates
Date	Subject	Link
23/12/2021	Poison centres webinar recap: presentations and Q&A published	For more information, consult the ECHA website here.

Other interesting links about CLP from ECHA’s website

France

Bisphenol A as a substance of very high concern

On December 21^st 2021, the Court of Justice of the European Union confirmed on appeal the identification of Bisphenol A as a substance of very high concern (SVHC) for its endocrine disrupting properties for human health.

Ministère de la transition écologique has information available about this substance and the situation in France and Europe. Check their website for more information here.

Recent updates regarding UK REACH and GB CLP

The below table showcases a summary of the most recent updates (non-exhaustive) regarding UK REACH and GB CLP:

Summary of the Most Recent Updates
Date	Subject	Link
06/01/2022	Updating the GB mandatory classification and labelling list (GB MCL List)	HSE GB CLP publication table can be consulted here.

PFOS - New substances in California Proposition 65 list

On 24^th December 2022, perfluorooctane sulfonic acid (PFOS) and its salts and transformation and degradation precursors was added to the list of chemicals of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) by the Office of Environmental Health Hazard Assessment (OEHHA). The reason is that these substances have carcinogenic properties which was confirmed by the Carcinogen Identification Committee (CIC) on 6^th December 2021.

For more information, consult the OEHHA website here.

New flame retardants requirements in New York

The bill S4630B - Family and Fighter Protection Act was signed by the New York Governor. It bans the use of certain flame retardant chemicals in furniture and mattresses and also bans the use of certain flame retardant chemicals in electronic casings.

Beginning January 1^st 2024, the bill prohibits the sale of mattresses, or upholstered furniture that contain intentionally added identified flame retardant chemicals. As of January 1^st 2024 no person may offer for sale an electronic display that contains intentionally added organohalogen flame retardants.

For more information and additional effective dates, check the official publication here.

Oregon adds five new chemicals to HPCCCH list

On 1^st January 2022, the following five chemicals were added to the list of high priority chemicals of concern for children's health (HPCCCH). The Oregon Health Authority (OHA) announced a Permanent Rule Revision to Clarify Reporting and Revise Reportable Chemical List related to the Toxic Free Kids Act.

Entry	Chemical	CAS no	PQL (ppm)	Method
14	Dicyclohexyl phthalate (DCHP)	84-61-7	25.0	CPSC-CH-C1001-09.3
16	Diisobutyl phthalate (DIBP)	84-69-5	25.0	CPSC-CH-C1001-09.3
52	Bisphenol F (BPF)	620-92-8	1.0	Total Extraction/ EPA 1694
56	Ethylhexyl diphenyl phosphate (EHDPP)	1241-94-7	50.0	Total Extraction/ GC-MS
72	Chlorinated paraffins	108171-26-2	50.0	Total Extraction/ GC-MS

It entered in force on 1^st January 2022.

California Prop 65 settlement agreements in consumer goods

In 2021, several settlements have been reached for a variety of goods containing Prop 65 chemicals. Some of these agreements allow a Prop 65 warning as an alternative. Below, a summary (non-exhaustive) with some relevant chemicals involving consumer goods and the last Prop 65 settlement agreements:

Chemicals	Hazards	Example of goods	Reformulation/warnings
Chromium (VI)	Cancer and reproductive toxicity	Gun slings, Leather hand grips	Warning for chromium (VI)
Bisphenol A (BPA, CAS 80-05-7)	Reproductive toxicity	Lab set glasses/goggles	BPA-free otherwise warning
		Airpod cases	≤ 3 ppm BPA otherwise warning
		Socks ( polyester with spandex)	Reformulation of the product or exposure warning
N-nitrosodiethylamine (NDEA, CAS 55-18-5)	Cancer	Latex resistance bands, swim caps	≤ 10 ppb n-nitrosodiethylamine (NDEA)
Perfluorooctanoic acid (PFOA, CAS 335-67-1)	reproductive toxicity	Makeup foundations	≤ 0.1 mg/kg PFOA for products in solid form ≤ 0.1 mg/L PFOA for products in liquid form
Di(2-ethylhexyl) phthalate (DEHP, CAS 117-81-7)	cancer, birth defects, other reproductive harm or their combination cancer, birth defects, other reproductive harm or their combination	Cat mats	< 0.1% otherwise warning
		Headbands	≤ 1000 ppm otherwise warning
		Sleep bags	≤ 0.1% otherwise warning
Di-n-butyl phthalate (DBP, CAS 84-74-2)		Recharge hose	≤ 0.1% otherwise warning
Di-isodecyl phthalate (DIDP, CAS 68515-49-1 and 26761-40-0)		Notebook accessory mobile phone holders	< 0.1% otherwise warning
Diisononyl phthalate (DINP)		Children's suitcases, luggage, and accessory items with plastic components, Suitcases and luggage items with plastic components	≤ 0.1% otherwise warning
Phthalates: Butyl benzyl phthalate (BBP, CAS 85-68-7), di-n-hexyl phthalate (DnHP, CAS 84-75-3), DBP, DEHP, DIDP and DINP		Chair covers, Pet rain slickers, Tool kits, Vinyl covers	< 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP, otherwise warning
		Jackets/coats, Handle grips, Costume footwear, Vinyl/PVC jump rope cords and handle grips	≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP, otherwise warning
Lead	Birth defects and reproductive harm	Ceramic planters	≤ 90 ppm lead and ≤ 1 μg lead (NIOSH 9100), otherwise warning
		Holiday decor bells with exterior decorations	≤ 90 ppm lead and ≤ 1 μg lead (NIOSH 9100), otherwise warning
		Ceramic photo frames	≤ 1 μg lead (NIOSH 9100) otherwise warning

For more information, consult the Search 60-Day Notice website here.

California - Revision of Prop 65 warning in short form

On 24^th December 2021, the California's Office of Environmental Health Hazard Assessment (OEHHA) issued the extension of the comment period for modification of text for proposed rulemaking – short form (Proposition 65) which was opened on 13 December 2021.

This public comment has the aim to modify Text Title 27, California Code of Regulations Proposed Amendments to Article 6 Clear and Reasonable Warnings – Short Form. The proposed rulemaking would amend the safe harbor warning regulations to improve the short-form warnings to provide consumers more specific information, and to limit the use of the safe harbor short form warning to small products.

These proposed changes are summarized below:

The maximum label size for short form warnings is increased from 5 square inches to 12 square inches.
The use of short form warning on websites and in catalogs is allowed.
Additional signal word options “CA WARNING” or “CALIFORNIA WARNING” to allow businesses to make clear that the warning is being given pursuant to California law.
An additional warning option that more directly addresses exposure to carcinogens or reproductive toxicants to provide an additional safe harbor warning that can be used on the product label.
The word “product” was removed and remains the term "label" from the proposed term “product label”.

The new deadline to accept comments was on 14^th January 2022.

International

Regulatory proposals notified to WTO

The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number	Countries	Title
G/TBT/N/MEX/505	Mexico	Draft Mexican Official Standard PROY-NOM-007-SCT2-2021: Provisions relating to the construction, UN marking and testing of packaging/containers, intermediate bulk containers (IBCs) and large packagings/containers used to transport dangerous goods. It is binding on shippers and consignees of dangerous goods within their areas of responsibility, as well as on manufacturers (builders) and distributors engaged in the construction and reconstruction of the packaging/containers, IBCs and large packagings/containers, who must ensure that each one can pass the tests referred to in this Mexican Official Standard, and on the person providing the dangerous goods to be transported, who must guarantee that the packaging/containers, IBCs and large packagings/containers comply with this Mexican Official Standard.
G/TBT/N/MEX/504	Mexico	Draft Mexican Official Standard PROY-NOM-011-SCT2/2021: Conditions for transporting dangerous goods packed in limited quantities It is binding on shippers, carriers and consignees of the specified dangerous goods.
G/TBT/N/EU/865	Europe	Proposal for a Regulation of the European Parliament and of the Council amending Annexes IV and V to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (COM(2021)656 final) It amends the annexes that deal with waste in the Regulation (EU) 2019/1021 (the POPs Regulation). These annexes set limits for persistent organic pollutants in waste and determine how waste that contains POP substances has to be managed in the EU.
G/TBT/N/TPKM/478	Taiwan, Penghu, Kinmen and Matsu	Proposal for Legal Inspection Requirements for Polyvinyl Chloride Floorcoverings. Polyvinyl chloride (PVC) products are possible to have plasticizer contamination, resulting in environmental hormone effects and carcinogenic risk due to the exposure to PVC.

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Cosmetics & Personal Care

Intimate beauty, the new self-care

Intimate beauty was previously a hush subject due to social embarrassment, leading to a lack of understanding of the specific needs and characteristics (e.g. microbiota) of intimate parts of the body.

With the increased focus on self-care and wellbeing that many consumers have today, brands are breaking down barriers and disrupting outdated taboos by designing new products as part of everyday self-care and beauty routines.

The biggest challenge for brands is developing specific products by creating a multi-step routine around intimate hygiene, care and beauty to encourage consumers to take care of themselves and boost their confidence.

Eurofins Cosmetics & Personal Care is your partner for testing specially formulated solutions, connecting skin benefits with safety and efficacy (in vitro tolerance tests, clinical scoring, instrumental assessment, questionnaires, etc.).

Home User Trials: connect brands to consumers

Home User Trials (HUTs) provide a rapid insight into the consumer perception of your product across a large panel in a real-world setting.

Offered by Eurofins, HUTs allow the most natural use of a product, and therefore the evaluation of a product in a real-life context: validate purposes before launching the product, understand product performance, examine consumer habits, understand long-term effects of product usage and the acceptance of the overall usage, etc.

Eurofins has a diverse and global database of many thousands of subjects worldwide to support clients in the various steps of developing and launching a product, including but not limited to: go / no-go decisions, absolute strengths and weaknesses, needs for product development, claim substantiation, and more.

EDCs under the spotlight

The latest concerns raised regarding endocrine disrupting chemicals issues (EDCs) will undoubtedly lead to important changes in cosmetics manufacturing and regulations.

Under the REACH regulation, EDCs can be identified as substances of very high concern (SVHC), alongside chemicals known to cause cancer, mutations and reproductive toxicity. The goal is to reduce their use and, ultimately, replace them with safer products.

In January 2022, the French act of law “Agec” regarding the mandatory declaration of EDC use came into effect, according to an expanding list of such chemicals. This law applies to numerous items, including personal care products (PCPs). Such information will be made electronically available to the public and products intended for pregnant women will require a pictogram or other visual marker.

Nowadays, over 900 substances need to be evaluated for their potential endocrine activity. The remaining issue is the need for validated methods and integrated approaches to assess the potential endocrine activity.

Therefore, Eurofins is partnering with the PEPPER platform. Launched in 2019, the PEPPER platform aims to pre-validate characterisation methods for EDCs. This large international project involves public and private key stakeholders of the endocrine disruptors space.

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Softlines & Leather

Europe

Guidance publication related to the consumer rights Directive

On 29^th December 2021, the European Commission published the Commission notice Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

The purpose of Directive 2011/83/EU is to achieve a higher level of consumer protection across the EU and contribute to the proper functioning of the internal market by approximating certain aspects of Member States’ laws, regulations and administrative provisions concerning contracts concluded between consumers and traders.

With this Guidance Notice, the European Commission want to facilitate the effective application of the Directive. The Notice also aims at increasing awareness of the Directive amongst all interested parties, including consumers, businesses, the authorities of the Member States, national courts, and legal practitioners across the EU.

France

Destruction of unsold non-food items prohibited

From January 1^st 2022, unsold non-food items can no longer be destroyed by incineration. The objective for 2022 is to reuse or recycle unsold non-food products and therefore prevent a large part of the millions of unsold non-food items from being destroyed and causing more greenhouse gas emissions.

The particular products concerned by the application of this provision provided for by the law on the fight against waste and the circular economy (Law AGEC) are:

Textiles (clothing, shoes, etc.).
Ink cartridges.
Hygiene and childcare products.
Food storage and cooking equipment.
Leisure products.
Books and school supplies.
Electrical and electronic products.

Note: Some of these products, which do not yet benefit from an extended producer responsibility (EPR) recycling channel, have until December 31^st 2023 to comply. From December 31, 2023, all products will be affected.

More sources of recent information about the guidance surrounding other goods and the circular economy can be found below:

For more information about the Changes effective January 1^st 2022, consult the Ministry of Ecological Transition website here.

Alignment with the European Directive on consumer rights

On 23^rd December 2021, the Minister of Economy, Finance and Recovery issued the Ordinance No. 2021-1734 of December 22, 2021 transposing Directive 2019/2161 of the European Parliament and of the Council of November 27^th 2019 and relating to the better application and modernisation of EU rules on consumer protection.

This Ordinance was issued for adaptation to European Union law in economic and financial matters. It proposes the adoption of the measures in the field of law necessary for the transposition of Directive (EU) 2019/2161 regarding better application and modernisation of EU consumer protection rules.

The transposition of this directive responds to a desire to modernise the legal framework for consumer protection, taking into account the dual need to reinforce the effectiveness of the existing rules in the face of the growing risk of infringements on a European scale and to adapt these to digital transformation.

For more information, consult the Légifrance website here.

Sweden

Clothing and Footwear Products without chemical tax

On 24^th November 2021, the Swedish Parliament decided that a proposed tax on chemicals in clothing and shoes would not be introduced. This information is available in the State budget 2022-frame work decision (see section 2.5 Changes in tax and fee rules page 108). The proposal for this new tax was submitted to the government (SOU 2020:20) in 2020. The Inquiry proposed a tax of SEK 40 per kilogram on all clothing and footwear, with the possibility of tax deductions of up to 95% for products that do not contain specific hazardous substances and biocides that may be found in all clothing and footwear.

Canada

Quebec repeals the label requirements for upholstered and stuffed articles

On 9th December 2021, The Bill 103 was published which repealed the Act regarding Stuffing and Upholstered and Stuffed Articles with immediate effect in Quebec.

From now on, businesses, manufacturers, craftspeople, and repairers of upholstered and stuffed articles will no longer be obliged to:

possess a stuffing permit;
pay annual fees to obtain permits;
place a label on their products.

In the provinces of Ontario and Manitoba this has also not been necessary since 2019 and 2020 respectively.

China

China publishes updated GB Standards

On 11^th October 2021, the announcement Nº 12 of 2021 was published on approving the Release of 602 National Standards by China National Standardization (SAC). Below is a table summarising the main standards (non-exhaustive):

No.	Standard No.	Standard Name	Superseded Standard	Implementation Date
171	GB/T 22796-2021	Bed linings	GB/T 22796-2009,GB/T 22797-2009,GB/T 22843-2009,GB/T 22844-2009,GB/T 22855-2009	2022-02-01
172	GB/T 22930.1-2021	Chemical Determination of Metal Content of Leather and Furs Part 1: Extractable Metals	Partially replaced: GB/T 22930-2008	2022-05-01
173	GB/T 22930.2-2021	Chemical Determination of Metal Content of Leather and Furs Part 2: Total Metals	GB/T 22930-2008, partially replaced: GB/T 22930-2008	2022-05-01
185	GB/T 25036-2021	Cloth children's rubber shoes	GB25036-2010	2022-05-01
194	GB/T 26703-2021	Test method for abrasion resistance of leather heel surface	GB/T 26703-2011	2022-05-01
205	GB/T 29493.1-2021	Determination of Hazardous Substances in Textile Dyeing and Finishing Auxiliaries Part 1: Determination of Prohibited and Restricted Flame Retardants	GB/T 29493.1-2013	2022-05-01
206	GB/T 29493.2-2021	Determination of Hazardous Substances in Textile Dyeing and Finishing Auxiliaries Part 2: Determination of Perfluorinated Compounds (PFCs)	GB/T 29493.2-2013	2022-05-01

International

Invisible pollution from textiles

On 19^th January 2022, the First Sentier MUFG Sustainable Investment Institute published a document related to microfibres and the invisible pollution from textiles. All textiles shed microfibres, including natural, synthetic and semi-synthetic textiles.

This document summarise the problems to humans and the environment that microfibers cause into three main points:

They are very commonly found in the environment
They are not biodegradable.
They impact on the environment and human health

See below a table with examples of existing and proposed legislation on microfibres.

Country	Title	Intervention	Status of regulation
France	Circular Economy Law (Loi AGEC)	Use microfibre filters on washing machines	Passed (2020)
US (California)	Assembly Bill 802	Use microfibre filters on washing machines	In committee (as of January 2022)
US (Connecticut)	H.B. 5360 (FKA Raised Bill No. 341)	Requires the state Commissioner of Energy and Environmental Protection to convene a working group of representatives of the apparel industry and the environmental community	Passed (2018)
France	Article L-541-10-3 of the Code de l’Environnement	Extended Producer Responsibility (EPR) scheme that requires all legal entities producing new textiles and clothing in the French market to take responsibility for the recycling/proper disposal of their products.	Passed (2007)
Europe	EU Strategy for Textiles	A strategy will help the EU shift to a climate-neutral, circular economy with durable, reusable, repairable, recyclable and energy-efficient textiles. Will include a cost-benefit analysis of policy measures reducing unintentional release of microplastics	Awaiting Commission adoption (scheduled for early 2022)

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Toys, Childcare & Hardlines

Europe

Smart toys and new regulations

Nowadays, Artificial Intelligence is developing fast and is continuing to grow in popularity. It has many applications in our everyday lives such as smart appliances, toys, autonomous cars, robotics, healthcare, etc...

But Artificial Intelligence (AI) entails a number of potential risks, such as decision-making, discrimination, intrusion into our private lives or being used for criminal purposes.

This Christmas, Smart toys made with artificial intelligence have been popular present for kids. This type of toy has machine-learning capabilities and can collect data from kids.

AI toy concerns vary based on toy type and the data capabilities of the toy. Smart toys learn from children and provide an adaptive and responsive play experience in different ways. Some adapt the ways in which they interact with children and others are programmable toys designed with machine learning.

The European Commission is working to support a regulatory and investment oriented approach with the twin objectives of promoting the uptake of AI and addressing the risks associated with certain uses of this new technology.

The European strategy for data aims to enable Europe to become an attractive, secure and dynamic data-agile economy and therefore to improve decisions and better the lives of all of its citizens.

The European Commission published its AI package in April 2021, proposing new rules and actions to turn Europe into the global hub for trustworthy AI. This package consisted of:

a Communication on Fostering a European Approach to Artificial Intelligence;
the Coordinated Plan with Member States: 2021 update;
a proposal for an AI Regulationlaying down harmonised rules for the EU (Artificial Intelligence Act).

Further documents of interest which were also published by the European Commission relating to this matter include:

White Paper on Artificial Intelligence: a European approach to excellence and trust.
European Parliament resolution of 20 May 2021 on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers.

In the near future, manufacturers of products that use AI software should be prepared and ensure compliance with emerging Artificial Intelligence regulations.

France

Amendment of the toy producer's extended responsibility sector

On 14^th December 2021, the French authorities published the Order of December 14, 2021 amending the order of October 27^th 2021 on the specifications of eco-organisations and individual systems of the toy producer's extended responsibility sector.

One of the main points of this amendment is the introduction of provisions relating to the repair of toys, and provides for the creation of a dedicated fund and Action plan to develop toy repair.

The provisions of this decree came into force on January 1, 2022.

Last publication related to circular economy and consumer goods

In France, the Ministry of Ecological Transition is in charge of matters related to the circular economy and waste. 2022 is a year with a lot of changes planned for the French market and it is therefore important to be updated. Below is a summary of the latest publications (non-exhaustive list):

Order of December 14, 2021 amending the order of October 27, 2021 on the specifications of eco-organisations and individual systems in the extended responsibility sector of producers of DIY and garden items.
Order of December 14, 2021 amending the order of October 27, 2021 on the specifications of eco-organisations and individual systems in the extended responsibility sector of producers of sporting and leisure articles.
Decree No. 2021-1674 of December 16, 2021 relating to the environmental declaration of construction and decoration products as well as electrical, electronic and HVAC equipment.
Decree No. 2021-1610 of December 9, 2021 relating to the incorporation of recycled plastic in beverage bottles.
Decree No. 2022-2 of January 4, 2022 relating to situations allowing derogation from the ban on the acquisition by the State of single-use plastic products.
LAW no. 2015-992 of August 17, 2015 relating to the energy transition for green growth (1).

Recent public consultation:

Draft decree specifying the substances contained in mineral oils whose use is prohibited on packaging and for printing intended for the public (From 03/01/2022 to 25/01/2022).

Technical publications

Please find below a table summarising recent technical publications (non-exhaustive):

Date

Entity

Title

01/02/2022

GOV.UK

Using the UKNI marking

Update of this guidance:

From 1^st January 2023, products will need to have UKCA marking to be placed on the market in the UK for the first time. This date has been changed from 1^st January 2022.
Added link to Webinars on using UKNI marking.

Request for a consumer product safety standard for button batteries

On 30^th November 2021, the US Senate introduced a bill (S.3278 – Reese’s Law) to protect children and other consumers against hazards associated with the accidental ingestion of button cell or coin batteries. It requires the Consumer Product Safety Commission to promulgate a consumer product safety standard to require child-resistant closures on consumer products that use such batteries.

Comments for Safety Standard for Magnets

On 10^th January 2022, the U.S. Consumer Product Safety Commission (Commission or CPSC) proposed a rule under the Consumer Product Safety Act, to apply to consumer products that are designed, marketed, or intended to be used such as jewelry that contain one or more loose or separable magnets.

The proposal would require that each loose or separable magnet in a product that fits entirely within CPSC's small parts cylinder would be required to have a flux index of less than 50 kG2 mm².

Toys that are subject to CPSC's mandatory toy standard are exempt from the proposed rule.

The Commission is requesting comments until 28th March 2022.

For more information, consult the federal register website here.

Proposed rule for Window Covering Cords

On 7^th January 2022, the Consumer Product Safety Commission (CPSC) issued a proposed rule for Safety Standard for Operating Cords on Custom Window Coverings and Substantial Product Hazard List: Window Covering Cords.

The rule proposes that operating cords on custom window coverings must be cordless, inaccessible, or 8 inches or shorter in length in any use position, as accessible operating cords that are longer than 8 inches pose a risk of strangulation to children 8 years old and younger.

Moreover, if the product meets the definition of a “children's product” they would require third party testing by a CPSC-accredited third party conformity assessment body.

The public consultation is open until 23^rd March 2022.

Bills proposal for Clothing storage units

In 2021, both the House and Senate of the US Congress have proposed bills related to ensuring furniture stability. The proposed bills- the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act H.R.1314 and S. 3232 aim to require the Consumer Product Safety Commission to promulgate a consumer product safety rule for free-standing clothing storage units to protect children from tip-over related death or injury. The most current industry standard is ASTM F2057-19 which intends to reduce injuries and deaths of children from hazards associated with tip-over of clothing storage units. In case this rule becomes final, this type of furniture will have to comply with its requirements.

Canada

New prohibition for single use plastic is coming

On 25^th December 2021, a single-use plastic (SUP) proposal was published with the aim of prohibiting the manufacture, import, and sale of six categories of disposable plastic items (Shopping bags, cutlery, foodservice ware made from or containing problematic plastics, ring carriers, stir sticks, and straws).

The proposed Regulations would come into force one year after their registration, with the exception of prohibitions on the sale of shopping bags, cutlery, foodservice ware made from problematic plastics, ring carriers, and stir sticks, which would come into force two years after registration.

For more information, consult the Government of Canada’s website here.

China

China publishes updated GB Standards

No.	Standard No.	Standard Name	Superseded Standard	Implementation Date
589	GB/T 40904-2021	Determination of prohibited and restricted substances in furniture products and their materials - Azo dyes		2022-05-01
591	GB/T 40906-2021	Determination method of banned and restricted substances in furniture products and their materials Phthalates plasticizers		2022-05-01
592	GB/T 40907-2021	Methods for the determination of prohibited and restricted substances in furniture products and their materials-2,4-diaminotoluene, 4,4'-diaminodiphenylmethane		2022-05-01
593	GB/T 40908-2021	Determination method of prohibited and restricted substances in furniture products and their materials Flame retardants		2022-05-01
602	GB/T 40971-2021	Methods for the determination of banned and restricted substances in furniture products and their materials - Polycyclic aromatic hydrocarbons		2022-05-01

International

Regulatory proposals notified to WTO

The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number

Countries

Title

G/TBT/N/UKR/211

Ukraine

Draft of the Resolution of the Cabinet of Ministers of Ukraine "On Amending Annex 2 of the Technical Regulation on the safety of toys".

In particular those containing allergic aromatic substances that may pose a threat to children's health

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