Toys & Hardlines regulatory updates July 2023

EUROPE

Fight against deforestation – new Regulation (EU) 2023/1115

On 31 May 2023, European Parliament published and adopted Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation. This aims to tackle deforestation and forest degradation driven by the European Union (EU) and repeals Regulation (EU) No 995/2010.

This new regulation lays down rules regarding the placing and making available on the EU market, as well as the export from the EU of relevant products, that contain, have been fed with or have been made using relevant commodities, to minimise the EU's contribution to deforestation and forest degradation worldwide and reduce the EU's contribution to greenhouse gas (GHG) emissions and global biodiversity loss.

This new regulation shall affect goods classified in Annex I of this regulation, which include as relevant commodity Wood products and relevant products such as plywood, veneered panels, and similar laminated wood, packing cases, boxes, crates, drums and similar packings, tableware and kitchenware, of wood as well as many other products.

For more information, please refer to the official publication here.

(EU) 2023/1338 – Safety requirements for childcare products

On 28 June 2023, European Commission published Decision (EU) 2023/1338 on the safety requirements to be met by European standards for certain children’s products and related products pursuant to Directive 2001/95/EC of the European Parliament and of the Council.

In this new publication adopted by the European Commission, the main objective is to establish safety requirements for certain children's products and related items within the European Union. Furthermore, it also aims to enhance the safety of children's products in the EU market, reduce potential hazards, and promote consumer confidence in the products they purchase for children.

This Decision shall enter into force on 18 July 2023.

Note: Directive 2001/95/EC (General Product Safety Directive) applies to the aspects and risks or categories of risks not covered by Directive 2009/48/EC (Toy Safety Directive).

FRANCE

An end to the penalties for confusion caused by some recycling markings

On 6 July 2023, the French authorities published Decisions 449872, 450134 & 450158 of 30 June 2023 which cancelled the following decrees:

Decree of 30 November 2020 relating to signs and markings that may lead to confusion about the rule for sorting or returning product waste, which came into force on 1 January 2021.
Specifically, this order defined signs and markings that may lead to such confusion as figures/ graphics representing two or more arrows rolled up and inscribed in a circle.
Point 4 of part II of the appendix to the Decree of 25 December 2020, amending the specifications of eco-organizations in the household packaging sector, indicates a penalty to product packaging on which is affixed one of the signs or one of the markings defined in the Decree of 30 November 2020. This penalty was effective from 1 April 2021.

UK amends the list of safety standards for toys

On 22 June 2023, the UK’s Department for Business and Trade published Notice 0084/23. This notice announces the review of the list of designated toy safety standards for demonstrating compliance with the Toys (Safety) Regulations 2011 (S.I. 2011/1881).

This action has been made by UK authorities to move towards the latest toy safety standard published in May by CEN (Comité Européen de Normalisation) which amend EN 71-13:2021+A1:2022 for olfactory board games, cosmetic kits and gustative games.

According to this, the list of published standards has been amended, updating the previously mentioned standard EN 71-13 - Safety of toys – Part 13: Olfactory board games, cosmetic kits and gustative games.

This amendment came into force on the same day as this publication.

For more information, please refer to the official publication here.

Export of consumer products into the UK

On 4 May 2023, the Office for Product Safety and Standards update Statutory Guidance General Product Safety Regulations 2005. This update indicates that the UK government extended the date for providing the information on the name and address of the importer on a product. This information has been extended until 31 December 2027.

It is important to consider that where an importer of consumer products covered by the 2005 Regulations finds that it is not reasonable for them to indicate their name and address on the product or its packaging, then the importer may adopt an alternative approach so that each product is traceable back to its source by the end user/consumer and a regulator. Some of these alternatives are:

The importer’s address in the shipping documents
The importer’s address on the invoice to the GB customer
The importer’s address on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split)

The company website, in addition, can be used to provide more information about the product details and contact points for retailers, consumers and enforcement bodies.

For more information, please refer to the official publication here.

Rhode Island extends effective date for PFAS in food packaging law (chemical – packaging)

On 22 June 2023, the State of Rhode Island approved Bill H5861 Substitute A as amended to amend Bill H7438 Substitute A which prohibits intentionally added PFAS chemicals in food packages. Under the amendment, the effective date of the prohibition was extended from 1 January 2024 to 31 July 2024.

CPSC issues new mandatory standard for adult portable bed rails

On 21 July 2023, the U.S. Consumer Product Safety Commission (CPSC) published the new federal mandatory Safety Standard for Adult Portable Bed Rails, in order to protect consumers from unreasonable risks of injury and death associated with entrapment by adult portable bed rails (APBRs).

The new standard incorporates by reference the voluntary, ASTM F3186-17, Standard Specification for Adult Portable Bed Rails and Related Products, with modifications.

The following key modifications are made to ASTM F3186-17:

Added new definitions to ensure consistency throughout the rule
Improved requirements for manufacturers to inform the consumer of the range of mattress thicknesses to ensure the safe use of the product and to provide testers with guidance for selecting the correct mattress thickness during the test setup
Updated the requirements for entrapment testing to be consistent with known hazards

The effective date of the new standard is 21 August 2023.

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 42 alerts regarding toy products were reported between week 25 and 28 of 2023.

Type of Risk	Number of alerts	Notes
Chemical	7	Plastic doll The product contains excessive concentrations of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), as well as heavy metals or other hazardous substances. The product does not comply with REACH Regulation.
	1	Finger paint The product has excessive concentration and content of methylisothiazolinone (MI), methylchloroisothiazolinone (MCI), and benzisothiazolinone. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN71-7.
	3	Toy slime - plasticine The product contains an excessive amount of lead and boron. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-13.
	1	Soap bubble toy The product has excessive concentrations of methylisothiazolinone (MI), methylchloroisothiazolinone (MCI) and formaldehyde. The product does not comply with the requirements of the Toy Safety Directive.
	1	Balloons The toy contains an excessive concentration of dibutyl phthalate (DBP). The product does not comply with the REACH Regulation.
	1	Fancy dress The rubber of the balloons releases an excessive amount of nitrosamines. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-12.
	1	Plastic ball The toy contains an excessive concentration of dibutyl phthalate (DBP). The product does not comply with the REACH Regulation.
Burns	1	Fancy dress The product is highly flammable. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-2.
Burns	1	Toy mask The product is highly flammable. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-2.
Chemical, Choking	1	Glow stick The battery compartment can easily be opened, leaving the button batteries accessible. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 62115.
	1	Paint stamp The product has excessive concentrations of methylisothiazolinone (MI), methylchloroisothiazolinone (MCI) and formaldehyde. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 62115.
	1	Toy traffic lights The battery compartment can easily be opened, leaving the button batteries accessible. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 62115.
Choking	3	Soft toy Small plastic parts (rabbit’s eyes and nose) can easily detach from the toy. These products do not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	2	Toy remote control The product contains small parts (buttons), which can easily detach. These products do not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	2	Toy xylophone – music set The toy has small parts (small balls) that may easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1.
	2	Keyring and toy car keys Small parts (buttons) may easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Plush toy Small parts (buttons) may easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Children's backpack Small part (zip tag) of the product can be easily detached. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
	1	Fancy-dress costume The fibrous stuffing material of the fancy dress is easily accessible due to the weakness of the seams. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1.
	1	Pull-along toy The toy has several small pieces that can easily detach. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Choking, Damage to hearing, Strangulation	3	Puffer ball Small part (a whistling mechanism) is easily detached from the toy. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Damage to sight	1	Laser toy The laser beam is too powerful and direct viewing of it can cause damage to sight. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 60825-1.
Environment	1	Whale toy The solders of the toy have an excessive concentration of lead. The product does not comply with RoHS 2 Directive.
Injuries, Strangulation	1	Fancy-dress costume The product bears long functional cords at the level of the cape of the costume which can become trapped during various activities of a child. The product does not comply with the requirements of the General Product Safety Directive or the European standard EN 14682.
Injuries	1	Toy scooter The fixing of the steering tube is not sufficiently stable. The steering column may slide down during use. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Injuries	1	Magnetic toy The toy is made of small parts (balls) with a high magnetic flux. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Strangulation	1	Plastic doll The soother can easily break, resulting in small parts. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.
Strangulation	1	Veterinarian toy set The cords of the stethoscope are too long. The product does not comply with the requirements of the Toy Safety Directive or the European standard EN 71-1.

The following 9 alerts regarding childcare articles and children's equipment were reported between week 25 and 28 of 2023.

Type of Risk	Number of alerts	Notes
Choking	2	Baby self-feeding pillow Due to the design of the product, the baby will not be able to control the flow of milk and the milk will continue to flow even if the baby is not swallowing. The product does not comply with the requirements of the General Product Safety Directive.
Injuries	3	Baby carrier Due to insufficient attachment points on the baby carrier, the support is inadequate. The product does not comply with the requirements of the General Product Safety Directive or the European standard EN 13209-2.
Injuries	1	Baby walker The strength of the baby walker is inadequate and there is no proper protection against falls in stairs. The product can consequently collapse or fall down stairs during use. The product does not comply with the requirements of the General Product Safety Directive or the European standard EN 1273.
Asphyxiation, Choking, Environment, Health risk / other, Injuries, Security, Strangulation, Suffocation	1	Baby monitor The product is claimed to monitor breathing, movement and temperature, amongst other things, making parents' supervision not required. Parents will therefore assume that their careful monitoring is not necessary. However, the application that supports the monitoring system does not function correctly and this creates risks for a child. The product does not comply with the requirements of the General Product Safety Directive or the European standard EN 13209-2.
Entrapment, Injuries, Strangulation	2	Children's cot The distance between the side slats is inadequate. A child can become trapped and suffer injuries. The product does not comply with the requirements of the General Product Safety Directive or the European standard EN 716-1.

The following 1 alert regarding hobby/sports equipment was reported between week 25 and 28 of 2023.

Type of Risk	Number of alerts	Notes
Chemical	1	Portable gas stove The burner head contains asbestos fibres. The product does not comply with the REACH Regulation.

The following 2 alerts regarding jewellery were reported between week 25 and 28 of 2023.

Type of Risk	Number of alerts	Notes
Chemical	1	Jewellery set The product contains or releases an excessive amount of Cadmium and Lead. The product does not comply with the REACH Regulation.
Chemical	1	Set of children's earrings The product contains or releases an excessive amount of Nickel. The product does not comply with the REACH Regulation.

OPSS issues Product Safety Alerts on the UK market.

The following 2 alerts regarding toy products were reported between week 25 and 28 of 2023.

Type of Risk

Number of alerts

Notes

Choking

Toy plane

The product presents a high risk of choking as the battery compartment on the toy is not secured by a screw.
The product does not meet the requirements of the Toys Safety Regulations 2011.

Injuries

Plastic battery-operated bath toy

The hard plastic top fin presents a risk of injuries.
The recalled product does not comply with the Toys (Safety) Regulations 2011.

The following 1 alert regarding childcare articles was reported between week 25 and 28 of 2023.

Type of Risk	Number of alerts	Notes
Chocking	1	Silicone dummy clip/soother holder The product is broken during tension testing, releasing small parts that were found to fit entirely inside of a small parts cylinder. The product does not meet the requirements of the General Product Safety Regulations 2005.

The following 1 alert regarding furniture articles was reported between week 25 and 28 of 2023.

Hazard	Number of alerts	Notes
Fire	1	Sofa The product presents a serious risk of fire. The product does not pass the ignition test (requires testing against EN/ISO 12952 and BS 5852:1982). The product does not meet the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

The following 2 alerts regarding jewellery were reported between week 25 and 28 of 2023.

Type of Risk

Number of alerts

Notes

Chemical

Jewellery set

The product has an excessive lead content in the metal parts.
The product does not meet the requirements of the REACH Enforcement Regulations 2008.

Jewellery watches

The product has excessive nickel content in the metal parts.
The product does not meet the requirements of the REACH Enforcement Regulations 2008.

From 29 June 2023 to 27 July 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:

5 recalls regarding toy and childcare products:

Hazard	Number of alerts	Notes
Suffocation	1	Baby hammock swings The inclined sleeper is a banned hazardous product under the Safe Sleep for Babies Act since the product was marketed for infant sleep and has an incline angle greater than 10 degrees. Infant fatalities have occurred in inclined sleepers after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances.
Fire	1	Baby monitors The baby monitor’s battery can malfunction, overheat and burst, posing a fire hazard.
Lead	1	Children's cups The stainless-steel cups contain levels of lead that exceed the federal lead content ban. Lead is toxic if ingested by young children and can cause adverse health effects.
Laceration	1	Cribs The cribs’ end panel can become loose exposing sharp edges, posing a laceration hazard to children.
Fall	1	Sky wheels The sky wheels can become detached from the overhead rail on the play set, posing a fall hazard and risk of injury to children.

2 recalls of consumer products:

Type of Risk

Number of alerts

Notes

Chemical

Children’s bicycles

The stem and handlebar on the bikes can detach and cause riders to lose control, posing a fall hazard.

Rock climbing cable wires

When exposed to seaside conditions, corrosion can occur and weaken the cable chocks and they can break, posing a fall hazard to climbers.

1 recall of furniture articles:

Type of Risk

Number of alerts

Notes

Fall

Leather woven chairs

The backrest and legs can crack and break off when a consumer is seated in the chair, posing a fall hazard.