Softlines & Leather regulatory updates October 2023

Europe

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

On 17 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 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.

France

List of substances with endocrine disrupting properties is established

On 12 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

It aims 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 an 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 13 October 2023.

Netherlands

Extended producer responsibility for textiles

As of 1 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 to 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 fulfil the obligation individually or collectively

The important dates concerning this implementation are as follows:

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

US

CPSC publishes final rule for flammability of clothing textiles 16 CFR 1610

On 25 October 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.

The 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 22 April 2024.

California regulates textile fibreglass in juvenile products, mattresses and upholstered furniture

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

Under the new regulation, textile fibreglass 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 fibre when used for stitching mattress components together; or
• Yarns in which the glass filaments are corespun or sheathed by another fibre

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 1 January 2027, components of adult mattresses other than foam shall also not contain more than 1,000 ppm of the covered flame-retardant chemicals.

PRODUCT RECALLS / ALERTS

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

Europe

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

The following 8 alerts regarding clothing, textiles and fashion items were reported between week 39 and 42 of 2023.

UK

OPSS issues Product Safety Alerts on the UK market.

The following 1 alert regarding clothing, textiles and fashion items was reported between week 39 and 42 of 2023.

US

From 28 September 2023 to 26 October 2023, the CPSC (Consumer Product Safety Commission) published the following recalls: 3 recalls of textile & leather products