Consumer Products | Monthly bulletin | October 2022
Chemical | Cosmetics & Personal Care | Softlines & Leather | Toys & Childcare
Did you know? Aromatic mineral oils are banned in food
Following the publication of a joint statement by the Member States of the European Commission on the 21st of April 2022, a quantified presence of aromatic mineral oil MOAH in food is grounds for a recall of the foods concerned.
These safety requirements should also apply to articles and materials intended to enter into contact with foodstuffs.
The Member States agreed to recall products from the market when the sum of concentration of MOAH in food is at or above the following maximum Limits of Quantification:
- 5 mg/kg for dry foods with a low fat/oil content (≤ 4% fat/oil)
- 1 mg/kg for foods with a higher fat/oil content (> 4% fat/oil)
- 2 mg/kg for fats/oils
Eurofins performs specific migration tests of MOAH (C10-C50) in dry and fat food simulants, and content value in foodstuffs.
We can help you to ensure the safety of your products and consumers
Proposal to restrict microplastics under REACH
On 5th September 2022, The European Commission published a draft Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council, concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards synthetic polymer microparticles.
This would introduce a new entry to Annex XVII, which would prohibit products containing microplastics intentionally added at a concentration above 0.01% by weight from being placed on the market.
For more information, consult the e-ping website here.
Recent updates regarding REACH Regulation
The following table provides a summary of some recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:
Other interesting links about REACH from the ECHA’s website
- Registry of restriction intentions until outcome - ECHA (europa.eu)
- Registry of SVHC intentions until outcome - ECHA (europa.eu)
- Substance evaluation - CoRAP - ECHA (europa.eu)
- Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
- Applications for authorisation - current consultations - ECHA (europa.eu)
- Current calls for comments and evidence - ECHA (europa.eu)
- Authorisation List - ECHA (europa.eu)
- ECHA's completed activities on restriction
- Submitted restrictions under consideration
- Assessment of regulatory needs list
Other interesting links about CLP from the ECHA’s website
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
New requirements for plastic materials and articles intended to come into contact with food
On 20th September 2022, the European Commission published Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.
This Regulation concerns the categories of materials and articles into contact with food listed in Annex I of Regulation (EC) No 1935/2004 and, where appropriate, combinations of those materials and articles or recycled materials and articles.
It lays down rules for:
- The placing on the market of plastic materials and articles containing plastic originating from waste or manufactured therefrom.
- Requirements for documentation, instructions and labelling for recycled plastic materials and articles.
- The development and operation of recycling technologies, processes and installations, to produce recycled plastic for materials and articles in contact with food.
- The use in contact with food of recycled plastic materials and articles and of plastic materials and articles which are intended to be recycled.
This Regulation shall not apply to the use of waste to manufacture substances included in the Union list of authorised substances in accordance with Article 5 of Regulation (EU) No 10/2011, intended to come into contact with food, when intended for subsequent use in accordance with that Regulation.
The Regulation came into effect on 10th October 2022 and Article 6(3)(c) and 13(2) shall apply from 10th October 2024.
For more information, consult the European Commission website here.
Safety of cosmetic products during pregnancy and breastfeeding
Today's consumers are increasingly concerned about the safety of the products they consume or use on a daily basis, including cosmetic products. This is even more pertinent during pregnancy and breastfeeding, when women are often even more vigilant about protecting themselves and their unborn child. The skin and the placenta are the main barriers against various threats to the pregnancy, but they are not infallible.
Throughout pregnancy and breastfeeding, many changes take place in the woman's body. Hormonal changes and the sudden, rapid stretching of tissue means the expectant mother’s skin is often put to the test. Challenges include stretch marks, drier and more sensitive skin, pregnancy masks, and cracks, etc., as well as characteristic changes to hair cycle, pigmentation, and blood vessels. These physical changes to the pregnant woman's skin weaken its barrier function.
As these changes take place, the embryo/foetus is developing. While the risk of toxicity resulting from harmful exposure is greater during the early stage of development, the barrier function of the placenta, which nourishes and protects the unborn child, plays a more crucial role during this period.
Although cosmetic products pose no additional risk to breastfeeding mothers, and the general safety rules for all cosmetic products still apply, it is important to consider the indirect risks. These are related to direct oral absorption by the baby during breastfeeding and the transfer of toxic substances to the baby via breast milk.
Some cosmetic products are therefore specifically intended for pregnant and breastfeeding women, by meeting even stricter safety standards in terms of formulation, presentation, and claims. The safety assessor therefore has a key role in advising, supporting, and evaluating cosmetic products intended for this target population and with high requirements.
The Eurotox Toxicologists team has a strong industrial background and extensive expertise in the complexity of products for pregnant and breastfeeding women, as well as products for babies, allowing them to work closely with all relevant departments to ensure optimal coordination on the safety process of your products.
WhatSAM: Dynamising sensory and consumer research
Sensory and Consumer Research (SAM), a Eurofins company and the global leader of sensory and consumer research, has 19 proprietary state-of-the-art sensory facilities and is working in more than 65 countries. SAM is excited to announce the launch of WhatSAM, our new, fully automated, artificial-intelligence-powered approach to sensory and consumer research. A smartphone-based solution, seamlessly integrated into Instant Messenger apps, it allows us to conduct research anywhere and anytime, accompanying consumers across complex research journeys: shopper journeys, real-life usage, product usage and experience tracking, etc. This is a highly engaging multi-media research tool for consumers.
Contact us to learn how you can dive into your consumers’ everyday lives and collect immediate feedback on your product, packaging, or brand.
New classification of certain goods in the combined nomenclature
On 14th September 2022, the European Commission published the following commission implementing regulation concerning the classification of certain goods in the combined nomenclature:
|
Reference |
Goods |
Classification (CN-code) |
Reasons |
|
Electric underblanket |
6307 90 98 |
Based on the general appearance of the article and the material of the two outer layers, the article is made of nonwoven man-made fibres (of heading 5603 ), and given that the article cannot be classified under any more specific heading than heading 6307 , it is therefore to be classified under CN code 6307 90 98 as other articles made-up of textile fabrics. |
|
|
Picnic rug |
6306 90 00 |
The article is designed for outdoor use. It is to be taken to and used temporarily at, for example, camping grounds, the beach, etc. The article is to be classified as other camping articles. |
The goods described, in the Annexes, shall be classified within the Combined Nomenclature under the CN code indicated in those Annexes.
Binding tariff information which does not conform with this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 until 4th January 2023.
Technical publications regarding textile products
Recent publications by several entities related to textile products:
|
Date |
Entity |
Publication |
|
12/09/2022 |
GINETEX (The international Association for textile care labelling) |
Laundry: How washing machine programs affect electricity consumption Publication of a study related to the amount of electricity that is consumed by washing machines in order to establish the appropriate quantitative indicators to reduce energy consumption. |
|
13/09/2022 |
AFIRM (Apparel and Footwear International Management Group) |
AFIRM Restricted substances list version 07 Publication of seventh version of the Restricted substances list. |
|
15/09/2022 |
ZDHC (Foundation’s Roadmap to Zero Programme) |
The update of the ZDHC Manufacturing Restricted Substances List On 1st November 2022, version 3.0 of the ZDHC MRSL will be published. This new version bans certain harmful chemical substances from intentional use in manufacturing facilities that process textile materials, synthetic leather, leather, and trim parts in textiles and footwear. The main updates in this new version are:
|
California Passes PFAS Regulation of Textile Products
On September 1st, 2022, the State of California passed Bill AB 1817 to regulate PFAS chemicals in textile articles. Beginning January 1st, 2025, the new law will prohibit any person from manufacturing, distributing, selling, or offering for sale any new textile articles that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions. The bill will also require a manufacturer to provide persons that offer the product for sale or distribution with a certificate of compliance stating that the textile article is in compliance with the law and does not contain any regulated PFAS.
The new law will not apply to outdoor apparel for severe wet conditions until January 1st, 2028. However, beginning January 1st, 2025, outdoor apparel for severe wet conditions that contain regulated PFAS must be sold accompanied by a statement “Made with PFAS chemicals,” including for online listings of products for sale.
The following textile articles are excluded:
- Any items regulated under the Safer Consumer Products Program
- Carpets and rugs
- Treatments containing PFAS for use on converted textiles or leathers
- A vehicle or its component parts
- A vessel or its component parts
- Filtration media and filter products used in industrial applications
- Textile articles used in or for laboratory analysis and testing
- An aircraft or its component parts
- Stadium shades or other architectural fabric structures
PFAS or perfluoroalkyl and polyfluoroalkyl substances is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Regulated PFAS is defined as either of the following:
- PFAS that is intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product; or
- The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine:
- Beginning January 1st, 2025, 100 ppm
- Beginning January 1st, 2027, 50 ppm
India Extends Compliance Date of Footwear Quality Control Order
India’s Ministry of Commerce and Industry issued Order S.O. 2599(E) to extend the compliance date of the Footwear Made from Leather and Other Materials (Quality Control) Order. The Order that requires certain footwear products to conform to its corresponding Indian Standard (IS) and bear a Standard Mark under a license from the BIS will now become effective on July 1st, 2023. Please see Table 1 below for a list of the applicable IS.
|
Products |
Indian Standard (IS) |
|
Leather safety boots and shoes |
IS 1989 (Part 1): 1986 IS 1989 (Part 2): 1986 |
|
Canvas Shoes Rubber Sole |
IS 3735: 1996 |
|
Canvas Boots Rubber Sole |
IS 3736: 1995 |
|
Safety Rubber Canvas Boots for Miners |
IS 3976:2018 |
|
Leather safety footwear having direct moulded rubber sole |
IS 11226: 1993 |
|
Leather safety footwear with direct moulded polyvinyl chloride (PVC) sole |
IS 14544: 1998 |
|
Sports footwear |
IS 15844: 2010 |
|
High ankle tactical boots with PU – Rubber sole |
IS 17012: 2018 |
|
Anti riot shoes |
IS 17037: 2018 |
|
Derby shoes |
IS 17043: 2018 |
Assessment of the impact of inconsistences in the Toy Safety Directive
On 6th September 2022, the European Commission published Implementation of the Toy Safety Directive European Parliament resolution of 16 February 2022 on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive).
The European Parliament asks the Commission to continue its evaluation process and perform an exhaustive impact assessment on the inconsistencies in the Toy Safety Directive in order to decide whether and how to address them.
For more information, consult the official publication in the European Commission website here.
Correct implementation review request of voluntary certification
On 14th September 2022, the European Commission published a note for the attention of market surveillance authorities and notifying authorities with the subject: Voluntary certification for products subject of EU technical harmonisation legislation.
With this note the European Commission drew attention to voluntary certification, certification, and independent third party terms, among others, which were often incorrectly used during the COVID-19 crisis.
It is important to take note of the following points:
- It is important to remember that if a Union product legislation does not provide for third-party involvement in the conformity assessment but the economic operator opts for the voluntary involvement of a third party, the document issued by that third party could bear the name ‘certificate’ only if the body involved on a voluntary basis is a notified body for the specific area.
- The notified body cannot use its notified body number in relation to assessments, tests, certificates or other activities for legislation for which it is not notified.
- CE marking is only to be affixed after testing the product and performing the prescribed conformity assessment procedure or procedures according to the applicable Union harmonisation legislation (in some cases, the involvement of a notified body is mandatory).
- ‘Voluntary certificate’ is issued without any product checks and is not foreseen in any of the legislation. It is usually issued following documentation checks only.
The European Commission request that member states ensure market surveillance authorities check their respective markets for products, which bear incorrect documentation and that notifying/designating authorities make sure that the bodies they have notified or designated are not performing any misleading activities using their notification. Following this, they must take appropriate actions.
European Commission requests for standards review of the circular economy
On 2nd August 2022, the European Commission notified Commission implementing Decision with reference C(2022)5372 on a standardisation request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical (CENELEC) Standardisation as regards plastics recycling and recycled plastics and in support of the European Circular Economy Strategy.
The aim is to draft and revise European standards and European standardisation deliverables in support of this matter.
This Standardisation Request will involve the following nine Technical Committees, and all of which are committed to have standardisation deliverables delivering by August 2025:
- CEN/TC 88 ‘Thermal insulating materials and products’, secretariat DIN;
- CEN/TC 134‘Resilient, textile, laminate and modular mechanical locked floor coverings’, secretariat NBN;
- CEN/TC 155‘Plastics piping systems and ducting systems’, secretariat NEN;
- CEN/TC 249‘Plastics’, secretariat NBN;
- CEN/TC 254‘Flexible sheets for waterproofing’, secretariat NEN;
- CEN/TC 261‘Packaging’, secretariat AFNOR;
- CEN/TC 301‘Road vehicles’, secretariat AFNOR;
- CLC/TC 111X‘Environment’, secretariat NEC;
- CLC/TC 213‘Cable management systems’, secretariat BSI.
New requirements for plastic materials and articles intended to come into contact with food
On 20th September 2022, the European Commission published Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.
This Regulation concerns the categories of materials and articles into contact with food listed in Annex I of Regulation (EC) No 1935/2004 and, where appropriate, combinations of those materials and articles or recycled materials and articles.
It lays down rules for:
- The placing on the market of plastic materials and articles containing plastic originating from waste or manufactured therefrom.
- Requirements for documentation, instructions and labelling for recycled plastic materials and articles.
- The development and operation of recycling technologies, processes and installations, to produce recycled plastic for materials and articles in contact with food.
- The use in contact with food of recycled plastic materials and articles and of plastic materials and articles which are intended to be recycled.
This Regulation shall not apply to the use of waste to manufacture substances included in the Union list of authorised substances in accordance with Article 5 of Regulation (EU) No 10/2011, intended to come into contact with food, when intended for subsequent use in accordance with that Regulation.
The Regulation came into effect on 10th October 2022 and Article 6(3)(c) and 13(2) shall apply from 10th October 2024.
For more information, consult the European Commission website here.
Recent publication by the European Commission related to consumer products:
|
Date |
Publication |
|
16/08/2022 |
|
|
09/09/2022 |
Please find below a table summarising recent public initiatives (non-exhaustive):
|
Feedback period for Commission adoption |
About this initiative |
|
Second quarter 2024 |
Environmental impact of imaging equipment, including consumables |
|
Third quarter 2022 |
|
|
Third quarter 2022 |
|
|
Third quarter 2022 |
Persistent organic pollutants – setting limit values in Annex I (update) |
Technical publications
Recent publications by DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) related to consumer products include:
|
Date |
Publication |
|
09/08/2022 |
Safety of Decorative Water Beads and Beads These products in particular must not present any risks for young consumers, who may confuse them with a foodstuff or a toy. |
|
08/08/2022 |
The draft decree subject is to complete the specifications for the approval of eco-organizations in the furnishing elements in accordance with the Environment Code with the aim of the repair and reuse of furnishing elements. |
National transposition of European allergenic fragrances requirements for toys
On 5th July 2022, the BEK no. 815 of 7 June 2022 related to toys came into effect. This Decree Transposes Directives (EU) 2020/2088 and (EU) 2020/2089 related to two categories of allergenic fragrances to Denmark’s national law. Executive order no. 1800 of 3 December 2020, concerning safety requirements for toys, was repealed.
The key takeaways are:
- Annex II: The allergenic fragrances list has been extended to 58 substances (cannot exceed 100 mg/kg).
- Annex II: The list of allergenic fragrances which must be indicated on the toy product if exceeding 100 mg/kg has been extended to 71 substances.
Updated guidance publications
The latest updates in design standards and other recent publications by UK authorities related to consumer products include:
|
Date |
Publication |
|
08/09/2022 |
Designated standards: low voltage Notices of publication and a consolidated list for designated standards for low voltage electrical equipment. |
|
08/09/2022 |
Designated standards: radio equipment Notices of publication and a consolidated list for designated standards for radio equipment. |
|
05/09/2022 |
Designated standards: toy safety Notices of publication and a consolidated list for designated standards for toy safety. |
|
05/09/2022 |
Designated standards: measuring instruments Notices of publication and a consolidated list for designated standards for measuring instruments. |
|
25/09/2022 |
Classifying portable and industrial batteries Use the definitions, criteria and evidence given to classify portable and industrial batteries. |
|
27/09/2022 |
Designated standards: new or amended notices of publication Proposed updates to the lists of standards for businesses. |
|
31/08/2022 |
Delivering protection and confidence in a strong, green economy: |
Prohibition of certain products that contain plastic
On 1st October 2022, the Waste Minimisation (Plastic and Related Products) Regulations 2022 is came into effet.
These regulations ban the manufacture and sale of certain products, which generally contain plastic. The products are the following:
- Plastic drink stirrers that are single-use;
- Plastic or synthetic cotton buds that are single-use, with some exceptions;
- Any product that contains plastic with pro-degradants;
- PVC food trays or containers;
- Specified polystyrene packaging for food or drink.
US Enacts “Reese’s Law” to Regulate Button Cell and Coin Batteries
On August 16th, 2022, the United States enacted Public Law 117-171, also known as “Reese’s Law,” to require the Consumer Product Safety Commission (CPSC) to establish a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries, no later than 1 year after the Act’s enactment. Under the new law, the consumer product safety standard shall contain (1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and (2) warning label requirements for packaging, accompanying literature, and the product itself as practicable. The new law will also require any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the US or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the US, to have child-resistant packaging in accordance with 16 CFR 1700.15. Any toy product that is in compliance with the battery accessibility and labeling requirements of 16 CFR 1250 shall be exempt from the requirements of the Act. Button cell or coin batteries that are in compliance with the marking and packaging provisions of ANSI C18.3M shall be exempt from the child-resistant packaging requirements of the Act.
CPSC Updates Safety Standard for Frame Child Carriers
On September 1st, 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1230) to update the mandatory Safety Standard for Frame Child Carriers. The final rule incorporates the latest version of ASTM F2549-22, Standard Consumer Safety Specifications for Frame Child Carriers, with no modifications.
ASTM F2670-22 includes revised requirements for flammability, dynamic strength, stability, and torque, and includes a new warning requirement.
The direct final rule will become effective on December 3rd, 2022 unless the CPSC receives significant adverse comments by October 3rd, 2022.
CPSC Updates Safety Standard for Infant Bouncer Seats
On September 1st, 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1229) to update the mandatory Safety Standard for Infant Bouncer Seats. The final rule incorporates the latest version of ASTM F2167-22, Standard Consumer Safety Specifications for Infant Bouncer Seats, with no modifications.
ASTM F2670-22 includes revised requirements for the suffocation hazard and fall hazard warnings.
The direct final rule will become effective on December 19th, 2022 unless the CPSC receives significant adverse comments by October 6th, 2022.
CPSC Updates Safety Standard for Infant Swings
On September 20th, 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1223) to update the mandatory Safety Standard for Infant Swings. The final rule incorporates the latest version of ASTM F2088-22, Standard Consumer Safety Specifications for Infant Swings, with no modifications.
ASTM F2088-22 includes revisions to the warning statement requirements.
The direct final rule will become effective on January 1st, 2023 unless the CPSC receives significant adverse comments by October 20th, 2022.
CPSC Approves New Safety Standard for Magnets
On September 21st, 2022, the Consumer Product Safety Commission (CPSC) issued the new federal safety standard for magnets (16 CFR 1112 and 1262), in order to address the hazards associated with ingestion of one or more high-powered magnets.
The new rule applies to magnet products that are designed, marketed, or intended to be used for entertainment, jewelry, mental stimulation, or stress relief, and that contains one or more loose or separable magnets, but does not include products sold and/or distributed solely to school educators, researchers, professionals, and/or commercial or industrial users exclusively for educational, research, professional, commercial, and/or industrial purposes.
Toys that are subject to 16 CFR 1250 (Safety Standard Mandating ASTM F963 for toys) are exempt from the rule as ASTM F963 already includes requirements to adequately address the magnet ingestion hazard associated with children’s toys.
Under the new rule, if the loose or separable magnet fits entirely within the small parts cylinder described in 16 CFR 1501.4, the magnet must have a flux index of less than 50 kG2 mm2 when tested in accordance with the method described in ASTM F963.
The rule will become effective on October 21st, 2022 and will apply to all magnets manufactured after that date.
China Updates Mandatory Standards for Food Contact Paper, Bamboo, and Wood Materials
On July 28th, 2022, China’s National Health Commission and State Administration for Market Regulation issued a revised mandatory standard for food contact paper and paperboard materials (GB 4806.8-2022) and a new mandatory standard for food contact bamboo and wood materials and products (GB 4806.12-2022). Please see Table 1 below for more information:
|
Standard Number |
Scope |
Effective Date |
|
GB 4806.8-2022 |
Food contact paper and paperboard |
June 30th, 2023 |
|
GB 4806.12-2022 |
Food contact bamboo, wood, cork materials and products |
December 30th, 2022 |
