Softlines & Leather regulatory updates March 2023

FRANCE

Publication of frequently asked questions related to environmental labelling

From 1 January 2023, producers, importers and any marketers must make information relating to the environmental qualities and characteristics of waste-generating products according to Decree in Council of State n°2022-748 and article 13 I of the Law of February 10, 2020 (AGEC), as they relate to the fight against waste and to contributing to the circular economy, to consumers.

Each product must have a corresponding "product sheet on environmental qualities and characteristics", available and easily accessible free of charge, for example using a search engine, on a dedicated page or website.

Environmental qualities and characteristics to be disclosed include:

Compostability
incorporation of recycled material
reusability
recyclability
presence of precious metals and rare earths
presence of hazardous substances
geographical traceability
presence of plastic microfibres

The French Ministry of Ecological Transition and Territorial Cohesion published a document with the aim of answering practical questions on the interpretation and implementation of the Decree in Council of State n°2022-748 of 29 April 2022. This document is available in French and English on its website here.

Other interesting publications related to textile products in the French market

Below is a summary of recent publications related to Extended Producer Responsibility (ERP) and textiles:

Date	Authority	Title
10 March 2023	The Minister for Ecological Transition and Territorial Cohesion	Order of 1 March 2023 amending the order of 23 November 2022 on the specifications of eco-organisations and individual systems and the extended responsibility of producers of textiles, footwear and household linen (TLC). It defines criteria regarding incorporating raw materials from recycling.
9 March 2023	The General Directorate for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).	Clothing: the 6 indications to spot on the labels Overview of the six criteria to review before buying clothing: Composition, size, care explanations, price, origin and if clothing is new or second-hand.

The New York Governor signs Bill S01322 amending the law prohibiting the intentional use of PFAS substances in apparel

On 24 March 2023, Governor Hochul signed Bill S01322 which amends the current law prohibiting the intentional use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in textiles.

For apparel, Bill S01322 aligns the terminology as well as the timeline of the New York PFAS in apparel law with that of the California law that prohibits the intentional use of PFAS substances in textiles. However, the scope of the New York law is limited only to apparel, compared to much broader California law that covers textile products.

Following is a summary of the key amendments:

Requirements: prohibits intentional use of PFAS substances. In addition, one year after the enactment of the regulation implementing the law, but no later than 1 January 2027, the requirements will be revised to the PFAS level established by the Department of Environmental Conservation (DEC).
Effective date: the effective date for general apparel is postponed by 1 year. Effective 1 January 2025, the sale of new apparel containing intentionally added PFAS substances is prohibited.
Outdoor apparel for severe wet conditions:

Definition added for outdoor apparel for severe wet conditions. "Outdoor apparel for severe wet conditions" means outdoor apparel that are extreme and extended-use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that is not marketed for general consumer use.
Effective 1 January 2028, the sale of new outdoor apparel for severe wet conditions containing intentionally added PFAS is prohibited.

Standards updates

See below a table summarising some recent ASTM standards updates:

Reference	Title
ASTM D4704-13 (2023)	Standard Test Method for Tearing Strength, Tongue Tear of Leather
ASTM D4705-18 (2023)	Standard Test Method for Stitch Tear Strength of Leather, Double Hole
ASTM D5052-18 (2023)	Standard Test Method for Permeability of Leather to Water Vapor
ASTM D5099-08 (2022)	Standard Test Methods for Rubber – Measurement of Processing Properties Using Capillary Rheometry
ASTM D6076-18 (2023)	Standard Test Method for Shrinkage Temperature of Leather
ASTM D6077-16 (2023)	Standard Test Method for Trapezoid Tearing Strength of Leather
ASTM D8137-18 (2023)	Practice for Accelerated Aging of Leather
ASTM F1004-23	Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures
ASTM F2906-23	Standard Consumer Safety Specification for Bedside Sleepers
ASTM D1517-23	Standard Terminology Relating to Leather
ASTM D178-22	Standard Specification for Rubber Insulating Matting
ASTM F2057-23	Standard Safety Specification for Clothing Storage Units
ASTM F2793-14 (2023)	Standard Specification for Bicycle Grips

CANADA

Canada updates textile flammability test method

Canada has recently updated Canadian General Standards Board standard CAN/CGSB-4.2 No. 27.5, entitled Textile test methods – Flame resistance - 45° angle test – One-second flame impingement (the “Standard”). Flammability requirements for textile products are set out in various regulations under the Canada Consumer Product Safety Act that incorporate the Standard as the national test method for determining the flame spread properties of a textile product.

The new 2023 edition of the Standard includes the following revisions:

Added definitions for “base burn”, “charred/charring” and “melting”.
Incorporated dry cleaning requirements from CAN/CGSB-4.2 No. 30.3-1994.
Added informative Annexe B outlining burning codes to describe results.
Added informative Annexe C to describe testing steps related to the presence of flame retardants.
Updated figures.
Updated washing and drying parameters, cooling times and criteria for testing additional specimens.

INTERNATIONAL

New method of loss material determination in textiles during washing

In February 2023, the International Organization for Standardization (ISO) published a new method for systematically collecting material loss from fabrics under laundering test conditions to achieve comparable and accurate results. There is no direct correlation to material loss during domestic and commercial laundering. The method is designed to assess material loss of all types. The standard is:

Reference	Title	Technical committee
ISO 4484-1:2023	Textiles and textile products — Microplastics from textile sources — Part 1: Determination of material loss from fabrics during washing	ISO/TC 38 Textiles

PRODUCT RECALLS / ALERTS

Below you will find a monthly summary of product recalls and alerts in Europe (Source “Safety Gate (RAPEX)”) and the U.S. (Source “CPSC”).

Europe

Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)

The following 38 alerts regarding textile & leather products were reported between week 8 and 11 of 2023.

Type of Risk	Number of alerts	Notes
Injuries	4	Children's trousers The product has long drawstrings with free ends to be tied in the waist area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	2	Children's jacket and coat The product has an excessive length of tie belt that can become trapped during children's normal activities. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	6	Children's skirts, dresses and shorts These products have a long decorative belt in the waist area that can become trapped during children's normal activities. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
Chemicals	1	Flip-flops The plastic material of the product has an excessive concentration of dibutyl phthalate (DBP). The product does not comply with the REACH Regulation.
	1	Bathroom curtain The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	5	Cosmetic bag The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). The product does not comply with the REACH Regulation.
	1	Slippers The product has an excessive concentration of lead and cadmium. The product does not comply with the REACH Regulation.
Strangulation	3	Children's hoodie There are long functional cords with free ends in the hood of the sweatshirt that can endanger a child during activities. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
Strangulation	2	Baby hat The product has long functional cords in the neck area that can endanger a child during activities. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
Choking	1	Children's jacket The small decorative elements (pebbles and tassels) can easily become detached from the product. The product does not comply with the requirements of the General Product Safety Directive nor with EN 71-1.
Injuries, Strangulation	1	Children’s blouse The long decorative cords with free ends on the blouse can endanger a child during his activities. This product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	4	Children’s dress The product bears long functional cords in the upper chest area that can endanger a child during his activities. This product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	2	Children's sweater/ hooded sweatshirt The product bears cords with free ends in the hood area that can endanger a child during his activities. This product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	2	Children's sports outfit The product bears cords with free ends in the hood and waist area. This product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.

The OPSS issues Product Safety Alerts on the UK market.

The following 1 alert regarding clothing, textiles and fashion items was reported between week 8 and 11 of 2023.

Type of Risk	Number of alerts	Notes
Choking	1	Baby sleeping bag The poppers on the bags can become unsecured and detach.

U.S.

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and the U.S. (Source “CPSC”)

From 23 February 2023 to 17 March 2023, the CPSC (Consumer Product Safety Commission) published the following recalls: 4 recalls of textile & leather products

Hazard	Number of alerts	Notes
Burn	2	Children’s pyjamas The recalled children’s pyjamas fail to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Sweatshirts The recalled clothing fails to meet flammability standards for clothing textiles, posing a risk of burn injuries to consumers.
Choking	2	Infant’s bodysuit The snaps in the bodysuit of the recalled base layer sets can detach, posing a choking hazard if mouthed by infants.
		Hoodies The drawcord on the hoodies has small plastic caps that can be swallowed by a nursing baby, posing a choking hazard.