Toys & Hardlines regulatory updates June 2023
Harmonised standard for beverage container plastic caps and lids for single-use plastics
On 1 June 2023, the European Commission published the Commission Implementing Decision (EU) 2023/1060 of 30 May 2023 on a harmonised standard for test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers drafted in support of Directive (EU) 2019/904 from the European Parliament and of the Council.
This implementing decision prescribes the following as a harmonised standard:
EN 17665:2022+A1:2023 - Packaging – Test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers.
This decision entered into force on 2 June 2023.
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: the latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
(**) Date of announcement: the latest date by which the existence of an EN (and HD for CENELEC), a TS or a CWA has to be announced at a national level.
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CEN |
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Reference |
Title |
Date of withdrawal (*) |
Supersedes |
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Child care articles - Carry cots and stands for domestic use - Safety requirements and test methods |
30 June 2024 |
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Furniture - Chairs and tables for educational institutions - Part 2: Safety requirements and test methods |
30 November 2023 |
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Tissue paper and tissue products - Part 12: Determination of tensile strength of perforated lines and calculation of perforation efficiency (ISO 12625-12:2023) |
30 November 2023 |
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Paints and varnishes - Pull-off test for adhesion (ISO 4624:2023) |
31 December 2023 |
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Paints and varnishes - Coating materials and coating systems for exterior wood - Part 5: Assessment of the liquid water permeability |
31 December 2023 |
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Aluminium pigments for paints - Part 1: General aluminium pigments (ISO 1247-1:2021) |
31 December 2023 |
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Aluminium pigments for paints - Part 2: Vacuum metallized aluminium pigments (ISO 1247-2:2021) |
31 December 2023 |
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Updated standards for folding seats
On 10 May 2023, French authorities published an opinion on the application of Decree No. 99-777 of 9 September 1999 relating to the prevention of risks associated with the use of folding deckchairs, transatlantic and stroller chairs.
Decree No. 99-777 defines the safety requirements applicable to folding seats of the Chilean, transatlantic and stroller chairs. This opinion includes, in the appendix, a list of references of standards for which compliance therewith implies conformity with the safety requirements of the decree.
This notice cancels and replaces the notice with the same purpose published in the Official Journal of the French Republic of 5 February 2016.
The reference which appears in the Annex is as follows:
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Reference |
Titlee |
Note |
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NF EN 581-1 |
Outdoor furniture - Seats and tables for domestic, collective and camping use - Part 1: general safety requirements |
Deckchairs for adults meeting the definition of Article 2 of the decree and able to occupy one or more predefined positions by means of a crutch |
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NF D 61-062+A1 |
Outdoor furniture - “Chilean type” adjustable seats - General safety requirements - Mechanical tests and specifications |
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EN 581-1 |
Outdoor furniture - Seats and tables for domestic, collective and camping use - Part 1: general safety requirements |
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EN 581-2 |
Outdoor furniture - Seats and tables for domestic use, |
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EN 17191 |
Childcare and children's furniture - |
Deck chairs designed for use by children |
Products that comply with the standards and whose references were published in the Official Journal of the French Republic by the notice of 5 February 2016 may be placed on the market within a period of one year from the publication of this notice and marketed while stocks last.
Relevant publications related to ERP and Environmental Code
The latest publications in relation to Extended Producer Responsibility (ERP) and Environmental Code are summarised in the table below:
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Date |
Publication |
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1 April 2023 |
Decree No. 2023-237 of 31 March 2023 amending Decree No. 2022-1565 of 14 December 2022 relating to the conditions and methods of application of IV of Article L. 541-15-10 of the Environment Code. |
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25 April 2023 |
LAW No. 2023-305 of 24 April 2023 merging the extended responsibilities of household packaging producers and paper producers (1). |
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25 May 2023 |
Directorate General for Competition, Consumer Affairs and Fraud Prevention published Practical Guide to Environmental Claims with the aim to aid understanding of the environmental claims most commonly found on products and complying with relevant legislation. |
Publication of Turkish mandatory standards list
On 11 May 2023, the Turkish Ministry of Industry and Technology published notice No. SGM 2022/40 (32187). This notice aims to determine the procedures and principles regarding the Turkish Standards for products put into compulsory application.
Those who manufacture and market products covered by the Turkish standards (see Annex-1), are obliged to comply with the provisions of this Notice. For example:
TS EN 14350/November 2020 - Child care articles - Drinking equipment - Safety requirements and test methods
It is presumed that the products legally available on the market of a member country of the European Union comply with the standards established in this notice.
The notice will enter into force on 11 November 2023.
Minnesota approves PFAS and heavy metals regulation on various consumer products
On 24 May 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products. The new law also contains a notification requirement for products containing intentionally added PFAS.
Under the new law, PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Please see the below table for a summary of HF 2310.
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Chemical(s) |
Scope |
Requirement |
Effective Date |
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Jewellery |
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Toys |
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Cosmetics and personal care products |
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Puzzles, board games, card games, and similar games |
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Play sets and play structures |
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Outdoor games |
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School supplies |
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Pots and pans |
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Cups, bowls, and other food containers |
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Craft supplies and jewellery-making supplies |
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Chalk, crayons, paints, and other art supplies |
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Fidget spinners |
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Costumes, costume accessories, and children’s and seasonal party supplies |
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Keys, key chains, and key rings |
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Clothing, footwear, headwear, and accessories |
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Carpets or rugs |
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Cleaning products |
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Cookware |
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Cosmetics |
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Dental floss |
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Fabric treatments |
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Juvenile products* |
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Menstruation products |
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Textile furnishings |
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Ski wax |
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Upholstered furniture |
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PFAS |
All products |
Notification if intentionally added PFAS |
1 January 2026 |
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PFAS |
All products |
Prohibited if intentionally added PFAS |
1 January 2032 |
Washington adopts new restriction and reporting rule under the Safer Products Program
The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four-phase implementation process to:
- Designate priority chemicals;
- Identify consumer products that contain these chemicals;
- Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
- Adopt rules to implement those regulatory actions
On 31 May 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:
- PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
- Ortho-phthalates in vinyl flooring and in personal care product fragrances;
- Organohalogen flame retardants in electric and electronic products;
- Flame retardants in recreational polyurethane foam; and
- Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper
Please see the below table for a summary of the requirements under the new rule.
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Chemical(s) |
Scope |
Requirement |
Effective Date |
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Aftermarket stain- and water-resistance treatments |
Prohibited if intentionally added |
1 January 2025 |
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Carpets and rugs |
Prohibited if intentionally added |
1 January 2025 |
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Leather and textile furniture and furnishings for indoor use |
Prohibited if intentionally added |
1 January 2026 |
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Leather and textile furniture and furnishings for outdoor use |
Prohibited if intentionally added |
1 January 2024 |
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Fragrances in beauty and personal care products |
Prohibited if intentionally added as a solvent or fixative for fragrance ingredients |
1 January 2025 |
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Vinyl flooring |
≤ 1000 ppm, individually or combined |
1 January 2025 |
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Electric and electronic products with plastic external enclosures, intended for indoor use – electronic displays and TVs |
Prohibited if intentionally added organohalogen flame retardants |
1 January 2025 |
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Electric and electronic products with plastic external enclosures, intended for indoor use – Large business, products other than electronic displays and TVs |
Prohibited if intentionally added organohalogen flame retardants |
1 January 2027 |
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Electric and electronic products with plastic external enclosures, intended for indoor use – Small businesses, products other than electronic displays and TVs |
Prohibited if intentionally added organohalogen flame retardants |
1 January 2028 |
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Electric and electronic products with plastic external enclosures, intended for outdoor use – |
Reporting if intentionally added organohalogen flame retardants |
1 January 2024 |
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Recreational covered wall padding made from polyurethane foam. |
Reporting if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP |
1 January 2024 |
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Other recreational products made from polyurethane foam |
Prohibited if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP |
1 January 2025 |
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Alkylphenol ethoxylates |
Laundry detergent |
≤ 1000 ppm, individually or combined |
1 January 2025 |
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Drink cans |
Prohibited if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners |
1 January 2025 |
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Food cans |
Reporting if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners |
1 January 2024 |
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Thermal paper |
Prohibited if intentionally added bisphenols |
1 January 2026 |
Maine amends PFAS reporting law
On 8 June 2023, the State of Maine approved Bill HP 138 – LD 217 to amend the PFAS reporting law, Public Law c. 477 – An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.
Under the amendment, the following changes were made to the original PFAS reporting requirements:
- Changes reporting date deadline to 1 January 2025 (from 1 January 2023)
- Includes additional reporting information:
- An estimate of the total number of units of the product sold annually in the state or nationally
- The amount of total organic fluorine in the product if the amount of each PFAS compound is not known
- Exempts manufacturers that employ 25 or fewer people
- Exempts used products or used product components
- Clarifies packaging exemption
Canada issues new carriages and strollers regulations
On 7 June 2023, Health Canada issued the new Carriages and Strollers Regulations (SOR/2023-101), which will repeal SOR/2016-167. The new regulation went into effect on 7 June 2023, but there is a transitional period of 180 days that allows carriages and strollers to comply with the repealed SOR/2016-167.
The new Regulations address five categories of requirements for carriages and strollers:
- Mechanical requirements:
- Must meet ASTM F833, except sections 5.3, 5.12, 8 and 9, or
- The requirements set out in sections 6.8 and 6.10 of ASTM F833 and those set out in ISO 31110, except sections 6, 7, and 10
- Applied coating materials requirements:
- A sticker, film or other similar material that can be removed, or a surface coating material, that is applied to an accessible part of a carriage or stroller must not contain:
- More than 90 ppm total lead;
- Any compound of antimony, arsenic, cadmium, selenium, or barium if more than 1000 ppm of the compound migrates from the material; or
- More than 10 ppm total mercury
- Toxicological requirements:
- Must not contain any of the following substances if the substance can become accessible to a child or, if the substance is used as a filling, could be released on breakage or leakage:
- Carbon tetrachloride or any substance that contains it
- Any substance that contains more than 10 mg of methyl alcohol per gram
- Any substance that contains more than 100 mg of petroleum distillates per gram
- Benzene
- Any substance that contains more than 100 mg of turpentine per gram
- Boric acid or salts of boric acid
- Ethyl ether
- If the product contains a toxic substance, at least one of the following requirements must be met:
- the substance must not be capable of being ingested, inhaled or absorbed through the skin because of the nature, physical form, size or any other characteristic of the carriage or stroller;
- the total quantity of the substance for a child who has a body weight of 10 kg must not exceed the lesser of
- 1% of the oral LD50 as determined in accordance with good scientific practices, and
- 1% of the dermal LD50 as determined in accordance with good scientific practices;
- the toxicity of the substance must not exceed the limits set out in Schedule 1
- Phthalates requirements:
- Vinyl parts must not contain more than 1000 ppm of DEHP, DBP, or BBP
- Vinyl parts that can be placed in the mouth of a child under 4 years must not contain more than 1000 ppm of DINP, DIDP or DNOP
- Information and warning requirements:
- Must comply with requirements set forth in section 8 through 17
New requirement for cellulosic materials and packaging in contact with food
On 22 May 2023, Brazil’s Ministry of Health/National Health Surveillance Agency/Collegiate Board published Resolution – RDC No. 798 of 19 May 2023 regarding cellulosic materials, packaging and equipment intended to come into contact with food, along with other measures. This resolution amends the Resolution of the Collegiate Board of Directors - RDC No. 88, of 29 June 2016, which approved the technical regulation on cellulosic materials, packaging and equipment intended to come into contact with food, along with other measures.
The resolution indicates that pigments and dyes must not migrate, according to the procedure described in standard BS EN 646 - Paper and board intended to come into contact with foodstuffs - Determination of colour fastness of dyed paper and board - and must comply with grade five of the scale of ash, as defined in this standard.
The resolution entered into force on 22 May 2023, with a six-month period of adaptation to the new requirements.
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)” and “RASFF”) and the U.S. (Source “CPSC”)
Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 26 alerts regarding toy products were reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Plastic doll |
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Finger paint |
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Perfume kit |
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Battery-powered toy |
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Fancy dress |
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Toy mask |
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Torch |
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Plastic doll |
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Plastic swing |
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Soft toy |
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Wooden toy |
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Nesting toy |
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Key ring with soft toy |
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Magnet building set |
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Toy with light projector |
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Soap bubble machine |
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Toy scooter |
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Toy gun |
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Magnetic pen |
The following 13 alerts regarding childcare articles and children's equipment were reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Baby self-feeding pillow |
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Water bottle |
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Baby swing |
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Baby walker |
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Pushchair |
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Baby carrier |
The following 1 alert regarding Decorative articles was reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Tealight candleholder |
The following 3 alerts regarding Hobby/Sports Equipment were reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Children's bicycle |
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Playground |
The following 5 alerts regarding Jewellery were reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Jewellery set |
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Necklace |
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Ring |
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Fastener |
The following 2 alerts regarding Furniture were reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Children’s cot |
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Children's cot |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 4 alerts regarding Food Contact Materials related to children's tableware were related to children's tableware were reported from 21 May 2023 to 20 June 2023.
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Product |
Notes |
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Dining set |
Melamine and formaldehyde migration and poor stability in melamine tableware set from China |
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Bamboo fibre cups |
Border Rejection of a Bamboo and Corn Fibre in a Melamine Cup Imported From China via the USA |
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Baby dinner set, trays and cups |
Unauthorised use of plastic materials and bamboo in baby dinner sets, trays and cups from China |
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Paper straws |
Migration of unauthorized dyes in paper straws - chemical hazard |
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OPSS issues Product Safety Alerts on the UK market.
The following 1 alert regarding Toy products were reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Plush toy |
The following 2 alerts regarding Childcare articles was reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Baby high chair |
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Baby Stroller |
The following 2 alerts regarding Furniture articles were reported between week 21 and 24 of 2023.
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Hazard |
Number of alerts |
Notes |
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Dining set |
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Ladder |
The following 1 alert regarding Decorative articles was reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Lantern |
The following 1 alert regarding Hand Tools was reported between week 21 and 24 of 2023.
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Type of Risk |
Number of alerts |
Notes |
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Hammer |
