Consumer Products | Monthly bulletin | November 2023

Eurofins newsflash Consumer Products

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

Chemical

Europe

European Commission's thinking about the restriction of microplastics intentionally added to products

On 17^th October 2023, the European Commission has published its current thinking on the application of the microplastics restriction, (Entry 78 of Annex XVII of REACH), including to plastic glitter on its own and in products.

The prohibition of placing on the market applies as of 17 October 2023 to microplastics including plastic glitter (unless biodegradable or soluble), on their own or intentionally added to products, for uses for which no transitional period is set in the restriction (e.g. art and crafts kits, toys, Christmas decorations, etc..).

Some key points from the European Commission’s thinking as published yesterday:

Plastic glitter is not affected by the ban if, when used, it is trapped in a solid matrix (e.g. glitter glue), solid films (e.g. paints, inks) or solid objects (e.g. inside jewellery, spray can caps, etc.) or is fully contained (e.g. in snow globes).
When microplastics, including glitter, are affixed to an article, the scenario is more complex and depends on whether the microplastics can be considered an integral part of that article (and therefore the ban does not apply, because articles are out of scope) or not (in which case the ban applies to the microplastics). As a general rule:
- In case of glittered articles for which the decorative function is secondary - such as textiles used for garments or footwear, glitter is always regarded as an integral part of the article. These glittered articles – e.g.: clothing, shoes, curtains - are out of the scope of the restriction.
- Concerning plastic glitter that is affixed to objects, the sale ban would apply as of 17 October 2023 only to glittered decorative objects (such as - but not limited to - Christmas decorations or toy/party hats) from which glitter detaches during normal use (glitter can only be regarded as an integral part of the article and, therefore, excluded from the ban, if it does not detach from the article during normal end use (including storage))
At this stage, the Commission is not in a position to recommend a standard test to prove whether glitter detaches during normal end use.
In order to benefit from the derogation in paragraph 16 of the restriction and continue to be sold, imported products not benefiting from a transitional period under paragraph 6 (e.g. art and craft kits, toys) need to arrive on the customs territory of the EU before 17 October 2023.

The above is the current thinking of the European Commission. It will have to be seen, when the official Q&A guidance about this restriction would be released by the end of the year, how or which method would be recommended to demonstrate that the glitter does not detach during normal use, if any.

For glittered articles to be exempted from this restriction, it is essential to ensure glitter is permanently applied on any type of product so that it is not detached during normal use.

Read the full details of the European Commission’s thinking here.

Completion of the consultation stage on PFAS restriction proposal

On the 25^th September 2023, consultation about the proposal to restrict per- and polyfluoroalkyl substances (PFAS) was closed with more than 5.600 comments from more than 4.400 organisations, companies and individuals.

The comments will be reviewed by the five countries (Denmark, Germany, the Netherlands, Norway and Sweden) who prepared the initial proposal, along with ECHA's scientific committees for Risk Assessment (RAC), Socio-Economic Analysis (SEAC). After this, the RAC and SEAC will develop their scientific opinions in order for ECHA to deliver the final opinions to the European Commission.

The Commission, together with the EU Member States, will decide on the restriction.

For more information, consult the ECHA website here.

Restriction proposal on certain chromium (VI) substances

On the 11^th October 2023, the European Chemical Agency (ECHA) announced that a European Commission mandate was received which requested the preparation of an Annex XV report for a possible restriction of the chromium (VI) substances that currently from entries 16 and 17 of the REACH Authorisation List (Annex XIV), as a minimum.

The restriction process will follow the standard REACH procedure. The RAC and SEAC will prepare the evaluation, after which the European Commission will adopt the restriction. In this case, the substances will be removed from the Authorisation List, fort the first time in REACH's history.

For more information, consult the ECHA website here.

Interesting links about REACH from the ECHA’s website

Interesting links about CLP on the ECHA’s website

France

List of substances with endocrine disrupting properties is established

On the 12^th October 2023, the Minister of Ecological Transition and Territorial Cohesion published several Decrees of 28 September 2023 relating to substances with endocrine disrupting properties.

One of the Decrees (text No 13) identifies:

substances which have properties of endocrine alterations qualified as proven and presumed, may be made available to the public for commercial purposes;
substances with endocrine disrupting properties classified as suspicious;
the categories of products that present a particular risk of exposure to which the obligation of information applies to the presence of endocrine disrupting substances classified as suspicious.

Its aim is to provide information to consumers about the presence of substances with endocrine disrupting properties in ingredients, mixtures, articles and food products, as indicated by the AGEC law. This information must be available through electronic means, in open format, easily reusable and usable through an automated process system, for each product. This obligation also applies to certain categories of products that present a particular risk of exposure, which is why these endocrine disrupting properties are classified by ANSES in its specifications.

Another Decree (text No 14) designates an alternative method of informing the public, Scan4Chem, relating to information on the presence of substances which qualify as proven, presumed, or suspected endocrine disrupting properties in products.

These Decrees came into effect on the 13^th October 2023.

EPA Finalizes PFAS Data Reporting Rule

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized one-time reporting requirements for Per- and Polyfluoroalkyl Substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). Under the final rule, any person that manufactures or imports or has manufactured or imported PFAS or PFAS-containing articles in any year since January 1, 2011 will be required to electronically report information to the EPA. Reports must cover in-scope activities in each calendar year from 2011 through 2022. Additionally, there is no de minimis threshold for reporting.

In the final regulation, the EPA decided that a broad structural definition was more suitable for this rule than a specific list of named substances. The final rule defines PFAS as including at least one of these three structures:

R-(CF2)-CF(R′)R″, where both the CF2 and CF moieties are saturated carbons;
R–CF2OCF2-R′, where R and R′ can either be F, O, or saturated carbons; and
CF3C(CF3)R′R″, where R′ and R″ can either be F or saturated carbons.

The EPA has determined that at least 1,462 PFAS that are known to have been made or used in the US since 2011 will meet this definition. The EPA will provide a list of substances that meet this definition on the CompTox Chemicals Dashboard.

The final rule will be effective on November 13, 2023. Under the final rule, companies will have one year to collect the information required to be reported, followed by a six-month period during which reports must be submitted to the EPA. Most companies obligated to submit reports will have a reporting deadline of May 8, 2025. They can start reporting from November 12, 2024. However, “small manufacturers” only involved in importing articles will have additional 6 months to collect the data and have until November 10, 2025, to report. All submissions should be made via the EPA's CDX portal.

The rule prescribes information required to be reported by a person manufacturing or importing PFAS substance or PFAS in a mixture using the Standard Form. The rule also allows person that imported articles containing PFAS to use a Streamlined Form. Following information will be required for the Streamline Form:

Company and plant site information.
Chemical-specific information
Categories of use
Imported article production volume.
Additional article data: The submitter has the option to provide relevant additional information to EPA including supplemental attachments.

Recordkeeping Requirement: Each person who is subject to the reporting requirements of this rule must retain records that document any information reported to the EPA. Relevant records must be retained for a period of 5 years beginning on the last day of the submission period.

Small manufacturer means a manufacturer (including importer) that meets either of the following standards:

First standard. A manufacturer (including importer) of a substance is small if its total annual sales, when combined with those of its parent company (if any), are less than $120 million. However, if the annual production or importation volume of a particular substance at any individual site owned or controlled by the manufacturer or importer is greater than 45,400 kilograms (100,000 lbs), the manufacturer (including importer) will not qualify as small for purposes of reporting on the production or importation of that substance at that site, unless the manufacturer (including importer) qualifies as small under paragraph (2) of this definition.
Second standard. A manufacturer (including importer) of a substance is small if its total annual sales, when combined with those of its parent company (if any), are less than $12 million, regardless of the quantity of substances produced or imported by that manufacturer (including importer).
Inflation index. EPA shall make use of the Producer Price Index for Chemicals and Allied Products, as compiled by the U.S. Bureau of Labor Statistics, for purposes of determining the need to adjust the total annual sales values and for determining new sales values when adjustments are made. EPA may adjust the total annual sales values whenever the Agency deems it necessary to do so, provided that the five-year average of the Producer Price Index for Chemicals and Allied Products has changed more than 20 percent since either the most recent previous change in sales values or May 28, 2020, whichever is later. EPA shall provide Federal Register notification when changing the total annual sales values.

For more information, consult the official publication 40 CFR part 705 here.

OEHHA Proposes Amendment to Proposition 65 Short-Form Warning Requirements

California’s Proposition 65 (Prop 65) requires businesses to provide “clear and reasonable” warnings to Californians about significant exposures to chemicals known to the state to cause cancer, birth defects or other reproductive harm. In 2018, the California Office of Environmental Health Hazard Assessment’s (OEHHA) most recent Prop 65 amendments went into effect, which included short-form safe harbor warnings as an alternative to the standard safe harbor warnings. The short-form warnings do not require identification of a specific chemical exposure for which a warning is being given, and the OEHHA has determined that further amendments are necessary to further the purposes of Prop 65.

On October 27, 2023, the OEHHA issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings. The NPR includes the following notable changes:

Require identification of a specific chemical for which the short-form warning is being given.
Clarify that short-form warnings may be used to provide safe harbor warnings for food products.
Clarify existing safe harbor warning requirements for products sold on the internet and in catalogs.
Add signal word options for food warnings.
Add new sections 50, 25607.51, 25607.52, and 25607.53 to create tailored warning methods and content for exposures to listed chemicals from passenger or off-highway vehicle parts and recreational marine vessel parts.

The following table provides a comparison between the current and proposed short form warning requirements:

Exposure to:	Current warning	Proposed warning
Carcinogen	WARNING: Cancer – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Cancer risk from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov
Reproductive toxicant	WARNING: Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov
Carcinogens and reproductive toxicants	WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov
Listed as both carcinogen and reproductive toxicant	WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov

OEHHA has proposed that the proposed revised warnings will be required for products manufactured two years after the effective date of the amendments.

The deadline for public comments is December 20, 2023.

Sustainability, circular economy and environment

Miscellaneous technical publications relating to environmental, plastics, packaging and waste

The table below summarises the most recent publications regarding the environment, circular economy, and sustainability (non-exhaustive):

Entity	Date	Publication
United Nations	04/09/2023	Zero draft text of the international legally binding instrument on plastic pollution, including in the marine environment.
European Commission	20/09/2023	Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 This directive establishes a common framework of measures to promote energy efficiency within the European Union in order to ensure that its targets on energy efficiency are met and to enable further energy efficiency improvements. The aim of that common framework is to contribute to the implementation of Regulation (EU) 2021/1119 of the European Parliament and of the Council and to the security of the European Union’s energy supply by reducing its dependence on energy imports, including fossil fuels.
European Commission	26/09/2023	Commission Delegated Regulation (EU) 2023/2049 of 14 July 2023 amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards mercury-added products subject to manufacturing, import and export prohibitions.
European Commission	27/09/2023	Amendments adopted by the European Parliament on 30 March 2023 on the proposal for a regulation of the European Parliament and of the Council on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009
European Commission	27/09/2023	Amendments adopted by the European Parliament on 30 March 2023 on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014
European Commission	16/10/2023	The Commission proposes measures to reduce microplastic pollution from plastic pellets Plastic pellets are the one of the largest sources of unintentional microplastic pollution. The Commission has proposed that operators act in order of priority as follows: prevention of any spills of pellets; containment of spilled pellets to make sure they do not pollute the environment; and, as a final option, clean up after a spill or loss event.
European Commission	16/10/2023	Drinking water – Adding or removing starting substances, compositions or constituents from the European positive lists This delegated act is part of a group of initiatives for creating the EU system and lays down the procedure for amending the European positive list (‘EUPL’) of starting substances, compositions or constituents to be used in the manufacture of materials or products intended to be in contact with drinking water.
European Commission	16/10/2023	Drinking water – Marking of products in contact with drinking water This delegated act is part of a group of initiatives for creating the EU system. It will draw up harmonised specifications for the marking of products to be used in contact with drinking water.

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Cosmetics & Personal Care

Cosmetics Chemicals banned in California

A new law signed by Gov. Gavin Newsom will ban more than two dozen ingredients from cosmetics and other personal care products in California.

The ingredients — which can increase the risk of burns, cancer, birth defects, reproductive problems and more — are among 1,600 that already have been banned in other regions of the world. California is taking the lead among the states in trying to make personal care products safer.

Some of the 26 ingredients banned under the bill include are:

vinyl acetate, which is found in some nail polishes and helps bind them to nails;

anthraquinone, which is found in some hair-coloring products;

lilial, or lily aldehyde, which can be found in many popular brands of perfumes, shampoos, body washes and more.

The new law will take effect on Jan. 1, 2027, to give companies time to eliminate those ingredients from their products.

Our experts from Eurofins Cosmetics & Personal network will support companies in this transition by defining a testing plan strategy.

Rely on combined efficacy approaches: ex vivo, in vitro and clinical studies

Substantiate cosmetic claims with validated and innovative efficacy assays, characterize active ingredients, demonstrate efficacy of cosmetic formulations… our sales team is at your disposal to develop a personalised proposal for your needs, in close collaboration with our experts:

Screening of bioactive ingredients
Determining mechanism of action, proof-of-concept and biological pathways
in vitro or ex vivo evaluation of cosmetic formulations before and/or in combination with clinical trials

Perpetual regulatory evolution of nanomaterials

Nanoparticles have always existed in the environment, and can be produced by volcanic activity, photosynthesis reactions or even combustion.

With their many advantages, nanoparticles have been used by man to create nanomaterials, defined as materials in which at least 50% of the particles in the size distribution are nanoparticles. These are used in a wide variety of products: medicines, electronic systems, foodstuffs, chemicals, sporting goods (golf clubs, for example), and cosmetics.

In the case of cosmetics, a nanomaterial is defined in Cosmetics Regulation n°1223/2009 as an insoluble or biopersistent material, intentionally manufactured and characterized by one or more external dimensions, or an internal structure, on a scale of 1 to 100 nm.

Nanomaterials may be used in cosmetic products, but only under conditions strictly defined by regulations to ensure their safe use for human health.

In particular, the nanomaterials authorized in the appendices to the Cosmetics Regulation are:

Carbon black as a colorant, titanium dioxide, zinc oxide, Tris-Biphenyltriazine and Methylene Bis-Benzotriazolyl Tetramethylbutylphenol as ultraviolet filters.

In addition, since July 11, 2013, when a nanomaterial is used in a cosmetic product, the packaging of this product must state [nano] in the ingredients list, after the name of the ingredient.

After several years of monitoring nanomaterials in cosmetic products on the market, the DGCCRF and the ANSM published an information note on the definition of nanomaterials in cosmetics.

Following the revision of the definition of nanomaterial in the European Commission's recommendation of June 10, 2022, in February 2023 the DGCCRF updated the briefing note published in July 2021.

Main changes in this revision of the SCCS guide on the safety assessment of nanomaterials in cosmetics: new sections have been introduced, there is a new recommendation for a definition of nanomaterials, the key aspects triggering safety concerns about a nanomaterial have been included, other sections have been updated…

To give you a complete picture of current and future changes, our experts are on hand to help you through the various stages and next testing plans to be implemented.

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Softlines & Leather

Europe

European Commission's thinking about the restriction of microplastics intentionally added to products

Some key points from the European Commission’s thinking as published yesterday:

Plastic glitter is not affected by the ban if, when used, it is trapped in a solid matrix (e.g. glitter glue), solid films (e.g. paints, inks) or solid objects (e.g. inside jewellery, spray can caps, etc.) or is fully contained (e.g. in snow globes).
When microplastics, including glitter, are affixed to an article, the scenario is more complex and depends on whether the microplastics can be considered an integral part of that article (and therefore the ban does not apply, because articles are out of scope) or not (in which case the ban applies to the microplastics). As a general rule:
- In case of glittered articles for which the decorative function is secondary - such as textiles used for garments or footwear, glitter is always regarded as an integral part of the article. These glittered articles – e.g.: clothing, shoes, curtains - are out of the scope of the restriction.
- Concerning plastic glitter that is affixed to objects, the sale ban would apply as of 17 October 2023 only to glittered decorative objects (such as - but not limited to - Christmas decorations or toy/party hats) from which glitter detaches during normal use (glitter can only be regarded as an integral part of the article and, therefore, excluded from the ban, if it does not detach from the article during normal end use (including storage))
At this stage, the Commission is not in a position to recommend a standard test to prove whether glitter detaches during normal end use.
In order to benefit from the derogation in paragraph 16 of the restriction and continue to be sold, imported products not benefiting from a transitional period under paragraph 6 (e.g. art and craft kits, toys) need to arrive on the customs territory of the EU before 17 October 2023.

For glittered articles to be exempted from this restriction, it is essential to ensure glitter is permanently applied on any type of product so that it is not detached during normal use.

Read the full details of the European Commission’s thinking here.

France

List of substances with endocrine disrupting properties is established

On the 12^th October 2023, the Minister of Ecological Transition and Territorial Cohesion published several Decrees of 28 September 2023 relating to substances with endocrine disrupting properties.

One of the Decrees (text No 13) identifies:

substances which have properties of endocrine alterations qualified as proven and presumed, may be made available to the public for commercial purposes;
substances with endocrine disrupting properties classified as suspicious;
the categories of products that present a particular risk of exposure to which the obligation of information applies to the presence of endocrine disrupting substances classified as suspicious.

These Decrees came into effect on the 13^th October 2023.

Netherlands

Extended producer responsibility for textiles

As of the 1^st of July 2023, the extended producer responsibility (EPR) for textiles is implemented by Decree of 14 April 2023 (EPR for textiles Decree) in the Netherlands.

Producers are responsible for ensuring an appropriate collection system, recycling and reusing of clothing and household textiles and the financing of this entire system.

The rules will apply new textiles sold in the Netherlands such as:

Clothing
Bedding
Table linen
Other household linen, such as towels and tea towels.

The main requirements for textile producers are as follows:

Make it possible for consumers to give back their old textiles at any time and at no charge. It is up to the producers to decide how they do this. More information in Dutch here.
Provide information to consumers about how to dispose of their old textiles and ensure that they understand what happens to these items.
Annual report, where producer indicates how producer met its obligations in the previous year, related to the volume of textiles sold, reused and recycled.
Producers can fulfill the obligation individually or collectively.

The important dates concerning this implementation are as follows:

Date	Requirement
01/07/2023	Register with the government within six weeks.
2024	Report the volume of textiles producers sell in the Netherlands. Note: The form shall be completed before August 1, 2024 for the year 2023. The form will be available an online reporting from on the Dutch waste circular official page.
2026	Report the volume of textiles producers reuse and recycle
2050	All textiles must be either recycled or sustainably produced.

For more information, consult the policy programme for circular textile 2020-2025 on Government of the Netherlands website here

CPSC Publishes Final Rule for Flammability of Clothing Textiles 16 CFR 1610

On October 25, 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register the final rule (FR) 16 CFR 1610 revising the Standard for the Flammability of Clothing Textiles. The revisions clarify existing provisions, expand permissible equipment and materials for testing, and update equipment requirements that are outdated.

Following are key revisions:

Stop thread specifications
- Stop thread supply means 3-ply, white, mercerized, 100% cotton sewing thread, with a Tex size of 40 ±5
Burn code classification
- Added clarification that SFBB poi and SFBB poi* are not considered a base burn for determining Class 2 and 3 fabrics.
- Removed just the burn time in seconds, without accompanying codes SF, BB, etc.
Refurbishing
- Dry Cleaning:
  - Add hydrocarbon solvents as an alternative to Perchloroethylene.
- Laundering: Update procedure to reference the AATCC LP1-2021.
  - Washing conforms to the provisions in section 9.2 and 9.4, and the provisions for “(1) Normal” and “(IV) Hot” in Table 1, Standard Washing Machine Parameters, of LP1- 2021; and
  - Drying conforms to the provisions in section 12.2(A), and the provisions for “(Aiii) Permanent Press” in Table VI, Standard Tumble Dryer Parameters, of LP1-2021.

The final rule will become effective on April 22, 2024.

California Regulates Textile Fiberglass in Juvenile Products, Mattresses, and Upholstered Furniture

On October 8, 2023, the State of California passed AB 1059 to prohibit textile fiberglass in juvenile products, mattresses, and upholstered furniture. The prohibition will become effective on January 1, 2027.

Under the new regulation, textile fiberglass is defined as textile yarns whose composition includes one or more continuous glass filaments in a form suitable for knitting, weaving, or otherwise intertwining to form a textile fabric, but excludes the following:

Thread or fiber when used for stitching mattress components together; or
Yarns in which the glass filaments are corespun or sheathed by another fiber.

Additionally, the new regulation amends Section 19101 of the California Business & Professions Code, the existing flame retardant restriction in juvenile products, mattresses, and upholstered furniture, by making the exemption on components of adult mattresses other than foam inoperative. Thus, effective on January 1, 2027, components of adult mattresses other than foam shall also not contain more than 1,000 ppm of the covered flame retardant chemicals.

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Toys, Childcare & Hardlines

European Commission's thinking about the restriction of microplastics intentionally added to products

Some key points from the European Commission’s thinking as published yesterday:

Plastic glitter is not affected by the ban if, when used, it is trapped in a solid matrix (e.g. glitter glue), solid films (e.g. paints, inks) or solid objects (e.g. inside jewellery, spray can caps, etc.) or is fully contained (e.g. in snow globes).
When microplastics, including glitter, are affixed to an article, the scenario is more complex and depends on whether the microplastics can be considered an integral part of that article (and therefore the ban does not apply, because articles are out of scope) or not (in which case the ban applies to the microplastics). As a general rule:
- In case of glittered articles for which the decorative function is secondary - such as textiles used for garments or footwear, glitter is always regarded as an integral part of the article. These glittered articles – e.g.: clothing, shoes, curtains - are out of the scope of the restriction.
- Concerning plastic glitter that is affixed to objects, the sale ban would apply as of 17 October 2023 only to glittered decorative objects (such as - but not limited to - Christmas decorations or toy/party hats) from which glitter detaches during normal use (glitter can only be regarded as an integral part of the article and, therefore, excluded from the ban, if it does not detach from the article during normal end use (including storage))
At this stage, the Commission is not in a position to recommend a standard test to prove whether glitter detaches during normal end use.
In order to benefit from the derogation in paragraph 16 of the restriction and continue to be sold, imported products not benefiting from a transitional period under paragraph 6 (e.g. art and craft kits, toys) need to arrive on the customs territory of the EU before 17 October 2023.

For glittered articles to be exempted from this restriction, it is essential to ensure glitter is permanently applied on any type of product so that it is not detached during normal use.

Read the full details of the European Commission’s thinking here.

EU Ecolabel criteria for absorbent hygiene products

On the 22^nd September 2023, the European Commission published Commission Decision (EU) 2023/1809 on EU Ecolabel criteria for absorbent hygiene products and for reusable menstrual cups.

The new Circular Economy Action Plan stipulates that the durability, recyclability and recycled content requirements are to be include more systematically in the EU Ecolabel criteria. For this reason, the revised EU Ecolabel criteria for absorbent hygiene products and reusable menstrual cups aims to promote products that have limited environmental impact along their life cycle, and that are produced using material-efficient and energy-efficient processes.

Reusable products made of textiles and products defined in Regulation (EU) 2017/745 are outside the scope of this Decision.

The EU Ecolabel criteria for these types of products and the related assessment and verification requirements shall be valid until the 31^st December 2029.

It shall apply from the 21^st September 2023 and decision 2014/763/EU is repealed.

A transitional period should be available to producers whose products have been awarded the EU Ecolabel for absorbent hygiene products on the basis of the criteria set out in Decision 2014/763/EU, so that they have sufficient time to adapt their products to comply with the new criteria and requirements.

For more information, consult the official publication here.

New European initiatives related to General Product Safety Regulation

On the 13^th October 2023, the European Commission published several initiatives related to Regulation (EU) 2023/988 on General Product Safety, Safety Gate Portal and product safety recalls.

All these initiatives will be adapted by the European Commission between the second and third quarter of 2024.

Below is a summary table with the published initiatives:

Published initiatives	Commission adoption planned
Product safety – indicators for reporting on the General Product Safety Regulation It will set out the indicators for Member States to report on the application of the General Product Safety Regulation.	Second quarter 2024
Modalities for consumers and other interested parties to inform the Commission about potentially dangerous products It sets out the modalities for the sending of information and the transmission of information to the national authorities concerned.	Second quarter 2024
Interoperable interface of the Safety Gate Portal The technical framework on the set up and functioning of the interoperable interface enabling providers of online marketplaces to link their interfaces with the Safety Gate Portal in an easy, quick and reliable way.	Third quarter 2024
Product safety recall notices (template) It sets out the recall notice template listing all the information that it must contain.	Third quarter 2024
Dangerous products rapid alert system – roles of the ‘Safety Gate’ national contact points It specifies the role and tasks of single national contact points, as per Article 25 of the GPSR.	Third quarter 2024

France

List of substances with endocrine disrupting properties is established

On the 12^th October 2023, the Minister of Ecological Transition and Territorial Cohesion published several Decrees of 28 September 2023 relating to substances with endocrine disrupting properties.

One of the Decrees (text No 13) identifies:

substances which have properties of endocrine alterations qualified as proven and presumed, may be made available to the public for commercial purposes;
substances with endocrine disrupting properties classified as suspicious;
the categories of products that present a particular risk of exposure to which the obligation of information applies to the presence of endocrine disrupting substances classified as suspicious.

These Decrees came into effect on the 13^th October 2023.

Publication of the list of products which cannot be sold in bulk

On the 31^st August 2023, the French authorities published Decree No. 2023-837 of August 30, 2023 establishing the list of products which cannot be sold in bulk for public health reasons.

The decree provides a list of products whose sale in bulk is only permitted under certain conditions or prohibited for reasons of safety or public health, taking into account the texts in force prohibiting the sale in bulk, the provisions of Union law, particularly in matters of hygiene, making bulk sales impossible, as well as the recommendations of the National Agency for Food, Environmental and Occupational Health Safety in its support note scientific and technical dated the 15^th November, 2021. Below is a table with examples:

Example of products which cannot be sold in bulk for public health reasons. (It is not an exhausted list)
Products whose sale in bulk is prohibited	Substances or mixtures whose packaging is fitted with a child safety closure or bears an indication of danger detectable by touch.
	Liquid textile detergents intended for consumers and packaged in single-use soluble packaging pursuant to the same article.
	Electric batteries and accumulators.
	Among single-use intimate hygiene protection products: tampons.
Products whose sale in bulk is only permitted under certain conditions	Single-use materials and objects intended to come into contact with foodstuffs that cannot be washed before use.
	Single-use baby diapers.
	Among single-use personal hygiene protection products: periodic sanitary napkins.
	Toilet paper, household paper towels, paper napkins, paper handkerchiefs, hydrophilic cotton and other single-use items made of cotton or other plant fibers intended for washing the face and body or when wiping them, single-use cotton swabs.
	Cosmetic products for which a “challenge test” for conservation and microbiological controls on the finished product.

The decree comes into force the day after its publication.

For more information, consult the French official administrative information site for businesses here.

UKNI marking and UK designated standards guidance updated

Below is a table with the recent updates relating to the UK guidance for consumer products that the Department for Business and Trade and Office for Product Safety and Standards have published:

Date	Title
27/09/2023	Guidance Designated standards Lists of standards that businesses can use to show their products, services or processes comply with essential requirements of legislation.
03/10/2023	Guidance Using the UKNI marking Information added to moving goods from NI and placing goods on EU market sections.
03/10/2023	Guidance Placing manufactured goods on the market in Northern Ireland Technical documentation section and information on when to use the CE marking added. The government intends to extend recognition of the CE marking for placing most goods on the market in Great Britain, indefinitely, beyond the 31^st December 2024. These updates apply to the 18 regulations that fall under the Department for Business and Trade (DBT).

OEHHA Proposes Amendment to Proposition 65 Short-Form Warning Requirements

On October 27, 2023, the OEHHA issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings. The NPR includes the following notable changes:

Require identification of a specific chemical for which the short-form warning is being given.
Clarify that short-form warnings may be used to provide safe harbor warnings for food products.
Clarify existing safe harbor warning requirements for products sold on the internet and in catalogs.
Add signal word options for food warnings.
Add new sections 50, 25607.51, 25607.52, and 25607.53 to create tailored warning methods and content for exposures to listed chemicals from passenger or off-highway vehicle parts and recreational marine vessel parts.

The following table provides a comparison between the current and proposed short form warning requirements:

Exposure to:	Current warning	Proposed warning
Carcinogen	WARNING: Cancer – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Cancer risk from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov
Reproductive toxicant	WARNING: Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov
Carcinogens and reproductive toxicants	WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov
Listed as both carcinogen and reproductive toxicant	WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov

OEHHA has proposed that the proposed revised warnings will be required for products manufactured two years after the effective date of the amendments.

The deadline for public comments is December 20, 2023.

California Regulates Textile Fiberglass in Juvenile Products, Mattresses, and Upholstered Furniture

Thread or fiber when used for stitching mattress components together; or
Yarns in which the glass filaments are corespun or sheathed by another fiber.

ASTM Publishes the Revised Toy Safety Standard ASTM F963-23 and Notifies the CPSC

On October 13, 2023, ASTM International published ASTM F963-23 Standard Consumer Safety Specification for Toy Safety, which incorporates amendments approved over recent years by the ASTM International F15.22 Subcommittee on Toy Safety.

Under section 106(g) of the CPSIA, if ASTM proposes revisions to ASTM F963, ASTM must notify the Commission. The revised standard shall be considered a consumer product safety standard issued by the CPSC effective 180 days after the date on which ASTM notifies the Commission of the revision, unless, within 90 days after receiving that notice, the Commission notifies ASTM that it has determined that the proposed revision does not improve the safety of toys.

On October 23, 2023, ASTM notified the CPSC that revised ASTM F963-23, Standard Consumer Safety Specification for Toy Safety, has been published. Based on the timeline in Section 106(g) of the CPSIA, ASTM F963-23 will become mandatory toy safety standard effective April 20, 2024, unless the CPSC rejects those revisions by January 21, 2024.

Technical requirements for following toy safety requirements were revised:

Battery-operated toys
Expanding materials
Sound producing toys (acoustics)
Projectile toys

The standard was also revised to align with the CPSC requirements for phthalate content, heavy elements (metals) – toy substrate material exemptions, and CPSIA Section 103 tracking labels for children’s products.

The CPSC, on November 2, 2023, has published notice of availability and request for comment, to seek public comment whether the revisions improve the safety of toys. The public comments will help staff's assessment and any subsequent Commission consideration of the revisions of the toy safety standard. The deadline for public comment is November 16, 2023.

For more information, consult the CPSC Notice here.

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