Consumer Products | Monthly bulletin | December 2023
Chemical | Cosmetics & Personal Care | Softlines & Leather |
Toys, Childcare & Hardlines
Europe
Toxic chemicals present in childcare products
On the 8th November 2023, the European Chemicals Agency (ECHA) published a news article which explains the results about ECHA’s investigation into toxic chemicals present in childcare products. This investigation found that substances such as cobalt and lead, along with phthalates like DEHP, are the most common CMR substances present in childcare product such as car seats, bibs, products related to toiletries, and bedding and mattresses. For this reason, ECHA’s report provides elements to support the European Commission in the preparation of a restriction proposal for the use and presence of hazardous chemicals in childcare products based on article 68 of REACH.
For more information, consult the ECHA official publication here.
Recent publications regarding REACH Regulation
The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:
| Summary of the most recent updates | ||
| Date | Subject | Link |
|
25/10/2023 |
The European Chemicals Agency (ECHA) publisheda rReport on the operation of the Prior Informed Consent (PIC) Regulation 2023 |
For more information, consult the ECHA’s website here. |
|
30/10/2023 |
Publication of a report from the Commission to the European Parliament and the Council on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants. |
For more information, consult the official publication here. |
|
02/11/2023 |
The ECHA published all 5 642 contributions received from the public to the proposal to restrict per- and polyfluoroalkyl substances (PFAS) in the EEA. |
For more information, consult the 123 word files in ECHA’s website here. |
|
08/11/2023 |
The ECHA ‘s Enforcement Forum has published its advice on the enforceability of the proposed PFAS restriction prepared by five national authorities. |
For more information, consult the ECHA’s website here. |
|
15/11/2023 |
The ECHA has published a new report on ‘Key areas of regulatory challenge 2023’ that identifies areas where research is needed to protect people and the environment from hazardous chemicals. |
For more information, consult the ECHA’s website here. |
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
Interesting links about CLP on the ECHA’s website
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
European Initiatives publication related to chemicals
The table below summarises the recent European initiatives publications regarding chemicals by the European Commission:
| Date | Title |
|
25/10/2023 |
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
| Reference | Title | Date of withdrawal (*) | Supersedes |
|
Principles for the analysis of microplastics present in the environment (ISO 24187:2023) |
2024-03-31 |
|
US
California adds three carcinogens to Proposition 65 List of Chemicals
On the 17th November 2023, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of coal-tar pitch, fluoro-edenite fibrous amphibole, and silicon carbide whiskers to the list of chemicals known to the State of California to cause cancer under Proposition 65. Products containing the three newly listed chemicals will require a Proposition 65 warning starting from the 17th November 2024.
Table 1:
| Chemicals | Listed as causing | Date of listing | Basis for listing |
|
Coal-tar pitch |
Cancer |
November 17, 2023 |
Labor Code-International Agency for Research on Cancer |
|
Fluoro-edenite fibrous amphibole |
Cancer |
November 17, 2023 |
Labor Code-International Agency for Research on Cancer |
|
Silicon carbide whiskers |
Cancer |
November 17, 2023 |
Labor Code-International Agency for Research on Cancer |
For more information, consult the OEHHA official publication here.
International
Regulatory proposals notified to the WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
| Notification number | Countries | Title |
|
Switzerland |
Draft Ordinance of the Federal Office for the Environment concerning amendments to annexes 1.17, 2.16, and 2.18 of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction Ordinance, ORRChem, Fedlaw number: SR 814.8 The draft proposes to include five additional substances in that Annex 1.17 of the ORRChem. |
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 |
|
French Ministry of Ecological Transition |
18/10/2023 |
Frequently Asked Questions (FAQ)
Decree in the Council of State relating to consumer information on the environmental qualities and characteristics of products generating waste in application of article 13-I of the AGEC law |
|
French Ministry of Ecological Transition |
18/10/2023 |
It approvals specifications for eco-organizations, individual systems and coordinating organisations of the extended producer responsibility sector, applicable to furnishing elements whether intended for use by individuals or professionals. the Order comes into force on 1st January 2024. |
|
European Commission |
19/10/2023 |
It establishes the European positive lists of substances, compositions and constituents that can be used in the manufacture of such final materials/products. |
|
European Commission |
19/10/2023 |
Drinking water – procedure and methodologies for testing and accepting final materials
It sets out the methodologies for testing and accepting the final materials that are used in such products. Only tested and accepted final materials can be use in products that come into contact with drinking water. |
|
European Commission |
26/10/2023 |
This report draws from three extensive studies by the Commission carried out between the years 2019 and 2023 and presents the results of the data analysis and the assessment done on the management of mineral and synthetic lubrication and industrial waste oils in the EU. The aim is to consider the feasibility of adopting measures to further improve the treatment of waste oils, including quantitative targets on the collection and the regeneration of waste oils. |
|
European Commission |
27/10/2023 |
Air pollutant emission projections – update of the reporting template to be used by EU Member States
This ensures that Member States use the same template for reporting under the Directive and the Air Convention, in line with efforts under the Green Deal and the Zero Pollution action plan to reduce air pollution and streamline data gathering. |
|
French Ministry of Ecological Transition |
06/11/2023 |
Info-tri information for the consumer and for professionals
General information about the info-tri so that consumers can understand the new indications found on the packaging of the products and on the products. |
|
European Commission |
07/11/2023 |
Its aim is to improve the identification, monitoring and traceability of the different waste streams and clarify their status as hazardous/non-hazardous waste. |
|
French Ministry of Ecological Transition |
17/11/2023 |
Framework for environmental claims and consumer information on products
In order to provide the consumer with clearer, more understandable and more sincere information on the “environmental qualities and characteristics of products generating waste”, article 13 I of the law relating to the fight against waste and the circular economy of February 10, 2020 (AGEC) plans to harmonize, regulate and specify, in substance and in the manner of presenting them, a certain number of environmental claims which can be found in this link here. |
Cosmetics & Personal Care
Lines Unveiled: Eurofins Revolutionises Testing for Youthful Skin Efficacy
As skin aging concerns emerge earlier in consumers, expression lines become the initial visible signs of aging, sparing no area of the face. In response, the beauty industry is delving into formulations targeting these early-emerging wrinkles.
Eurofins Cosmetics & Personal Care introduces a novel test protocol to provide cosmetics companies with the most effective method for evaluating products designed for these emotionally overstimulated wrinkles.
The protocol employs C-Bright to analyse expression lines associated with smiles. Utilising standardised photos, our in-house developed software adjusts facial positioning, standardises smile expressions, and measures resulting expression lines—typically invisible in the resting state.
This innovative protocol allows for the assessment of anti-aging cosmetic products on a younger age range: 25 to 40.
Banishing Nitrosamines: Eurofins Empowers Your Cosmetic Safety with Precision
Nitrosamines, potential carcinogens, often infiltrate cosmetic products as unwanted trace elements. Indeed, nitrosamines, or N-nitro compounds, are generally produced unintentionally when an ingredient acts as a nitrosating agent, or if cosmetic products contain an amine ingredient combined with production or storage conditions that favor nitrosamine formation. Scientific studies highlight their harmful impact, with N-nitrosodiethanolamine (NDELA) as the most potent carcinogenic member. Nitrosodimethylamine (NDMA), Nitrosomorpholine (NMOR), and Nitrosoiethylamine (NDEA) also make up this concerning group, alongside newly discovered nitrosamines.
Since the 1990s, the cosmetics industry has received recommendations to mitigate nitrosamine presence, with a 2009 technical guide by Cosmetics Europe reinforcing this effort. Furthermore, Regulation (EU) n°1223/2009 states that nitrosamines should not be included in the composition of cosmetic products above trace levels technically unavoidable under good manufacturing practice. Recent scrutiny extends to skincare, hair dyes, and mascara, with nail varnishes facing attention due to nitrosamine formation.
Eurofins Cosmetics & Personal Care stands ready to address nitrosamine challenges. Our analysis, employing GC-MS/MS or LC-MS/MS post-sample preparation, includes NDELA analysis according to ISO 15819:2014. We consistently adhere to current standards, like ISO 15819:2014, ensuring precise detection of NDELA in cosmetics by HPLC-MS. Our expert team is committed to ongoing technical innovations, with a current focus on developing a comprehensive screening procedure for total nitrosamine content.
Chill-Proof Beauty: Testing Skin Products Efficacy in Harsh Winters
The harsh conditions of winter bring about notable changes in our skin—intense dryness leading to itchiness, redness, flakiness, and increased skin texture. The cold weather also renders the skin more delicate, making fine lines and wrinkles more prominent.
In the heart of Canada's frigid winters, we find the ideal setting for evaluating the effectiveness of cold weather products designed for various body zones (skin, hair, lips, etc.) and phototypes. Assessing a product's capacity to enhance and sustain skin barrier function while preventing moisture loss becomes paramount.
For this purpose, two in vivo methods stand out:
- Tewameter®: assesses improvement in skin barrier function by significantly reducing transepidermal water loss
- Corneometer®: determines the hydration level of the skin's surface (stratum corneum).
In addition to instrumental methods, the efficacy of products can be evaluated through clinical grading by expert graders, image analysis, and consumer questionnaires to confirm enhancements in skin parameters like texture and redness.
You can rely on Eurofins Cosmetics & Personal Care's extensive network of laboratories for the execution of clinical studies in extreme cold conditions.
Softlines & Leather
Toxic chemicals present in childcare products
On the 8th November 2023, the European Chemicals Agency (ECHA) published a news article which explain the results about ECHA’s investigation about toxic chemicals present in childcare products. This investigation found that substances such as cobalt and lead, along with phthalates like DEHP, are the most common CMR substances present in childcare product such as car seats, bibs, products related to toiletries, and bedding and mattresses. For this reason, ECHA’s report provides elements to support the European Commission in the preparation of a restriction proposal for the use and presence of hazardous chemicals in childcare products based on article 68 of REACH.
For more information, consul the EHCA official publication here.
A system is established for the specific protection of geographical indications for craft and industrial products
On the 27th October 2023, the European Commission published Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753.
This new publication establishes a Union system for the protection of geographical indications for artisanal and industrial products. The aim is to register, protect and control in relation to geographical indications designating artisanal products and industrial products with a quality, reputation or other specific characteristic linked to their geographical origin.
On the other hand, geographical indications registered in the international register shall be established in accordance with the Geneva Act of the Agreement Lisbon Act on Appellations of Origin and Geographical Indications (hereinafter "Geneva Act") administered by the World Intellectual Property Organization (WIPO).
This Regulation applies to craft and industrial products, and it does not apply to agricultural products or foodstuffs or to spirit drinks.
This regulation will be applicable from the 1st December 2025.
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
| CEN | |||
| Reference | Title |
Date of withdrawal (*) |
Supersedes |
|
Leather - Requirements for the determination of the origin of leather production |
2024-03-31 |
|
|
|
Textiles - Quantitative chemical analysis - Part 4: Mixtures of certain protein fibres with certain other fibres (method using hypochlorite) (ISO 1833-4:2023) |
2024-04-30 |
||
Relevant publication related to ERP and AGEC Law
The latest publications in relation to Extended Producer Responsibility (ERP) and AGEC Law by French Ministry of Ecological Transition are summarised in the table below:
|
Date |
Publication |
|
18/10/2023 |
Frequently Asked Questions (FAQ)
Decree in the Council of State relating to consumer information on the environmental qualities and characteristics of products generating waste in application of article 13-I of the AGEC law |
|
18/10/2023 |
It sets out the approval specifications for eco-organisations, individual systems and coordinating organisations of the extended producer responsibility sector, applicable to furnishing elements whether intended for use by individuals or professionals. the Order comes into force on the 1st January 2024. |
|
06/11/2023 |
Info-tri information for the consumer and for professionals
General information about the info-tri so that consumers can understand the new indications found on the packaging of the products and on the products. |
|
17/11/2023 |
Framework for environmental claims and consumer information on products
In order to provide the consumer with clearer, more understandable and more sincere information on the “environmental qualities and characteristics of products generating waste”, article 13 I of the law relating to the fight against waste and the circular economy of February 10, 2020 (AGEC) plans to harmonize, regulate and specify, in substance and in the manner of presenting them, a certain number of environmental claims which can be found in this link here. |
Toys, Childcare & Hardlines
Europe
Toxic chemicals present in childcare products
On the 8th November 2023, the European Chemicals Agency (ECHA) published a news article which explains the results about ECHA’s investigation about toxic chemicals present in childcare products. This investigation found that substances such as cobalt and lead, along with phthalates like DEHP, are the most common CMR substances present in childcare products such as car seats, bibs, products related to toiletries, and bedding and mattresses. For this reason, ECHA’s report provides elements to support the European Commission in the preparation of a restriction proposal for the use and presence of hazardous chemicals in childcare products based on article 68 of REACH.
For more information, consul the EHCA official publication here.
Standard updates: Categorization of slime type materials
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of announcement: latest date by which the existence of an EN (and HD for CENELEC), a TS or a CWA has to be announced at national level.
| Reference | Title | Date of announcement | ||||||||
|
CEN - CEN/TC 52 (cencenelec.eu) CEN/TS 17973:2023 |
Safety of toys - Categorization of slime type materials The main points are:
|
2024-01-31 |
A system is established for the specific protection of geographical indications for craft and industrial products
On the 27th of October 2023, the European Commission published Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753.
This new publication establishes a Union system for the protection of geographical indications for artisanal and industrial products. The aim is to register, protect and control in relation to geographical indications designating artisanal products and industrial products with a quality, reputation or other specific characteristic linked to their geographical origin.
On the other hand, geographical indications registered in the international register shall be established in accordance with the Geneva Act of the Agreement Lisbon Act on Appellations of Origin and Geographical Indications (hereinafter "Geneva Act") administered by the World Intellectual Property Organization (WIPO).
This Regulation applies to craft and industrial products, and it does not apply to agricultural products or foodstuffs or to spirit drinks.
This regulation will be applicable from the 1st December 2025.
European initiatives related to General Product Safety Regulation and consumer rights
The European Commission published a new initiative related to Regulation (EU) 2023/988 on General Product Safety, Safety Gate Portal and product safety recalls and update the initiative related to Consumer rights.
Below is a summary table with the published initiatives:
| Published initiatives | Status |
|
Product safety - Safety Gate operating rules
The aim is to set out the operating rules of the Safety Gate Rapid Alert System. The main points are: (a) how to access the Safety Gate Rapid Alert System and the data processing rules; (b) how the Safety Gate Rapid Alert System works; (c) what information needs to be entered in the Safety Gate Rapid Alert System; (d) the requirements that safety notifications must meet; and (e) the criteria used to assess the level of risk. |
Commission adoption planned for Fourth quarter 2024
|
|
Consumer rights - adapting out-of-court dispute resolution to digital markets
Alternative dispute resolution (ADR) legislation must be updated to meet the requirements related to redress (faster and simple mechanisms). |
Feedback period opened until 29th December 2023 related to proposal for commission adoption. |
Relevant publication related to ERP and AGEC Law
The latest publications in relation to Extended Producer Responsibility (ERP) and AGEC Law by French Ministry of Ecological Transition are summarised in the table below:
|
Date |
Publication |
|
18/10/2023 |
Frequently Asked Questions (FAQ)
Decree in the Council of State relating to consumer information on the environmental qualities and characteristics of products generating waste in application of article 13-I of the AGEC law |
|
18/10/2023 |
It sets out the approval specifications for eco-organisations, individual systems and coordinating organisations of the extended producer responsibility sector, applicable to furnishing elements whether intended for use by individuals or professionals. the Order comes into force on the 1st January 2024. |
|
06/11/2023 |
Info-tri information for the consumer and for professionals
General information about the info-tri so that consumers can understand the new indications found on the packaging of the products and on the products. |
|
17/11/2023 |
Framework for environmental claims and consumer information on products
In order to provide the consumer with clearer, more understandable and more sincere information on the “environmental qualities and characteristics of products generating waste”, article 13 I of the law relating to the fight against waste and the circular economy of February 10, 2020 (AGEC) plans to harmonize, regulate and specify, in substance and in the manner of presenting them, a certain number of environmental claims which can be found in this link here. |
