EUROPE
Toxic chemicals present in childcare products
On 8 November 2023, the European Chemicals Agency (ECHA) published a news article which explains the results of ECHA’s investigation of 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, 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, please refer to the EHCA official publication here.
Standard updates: Categorisation of slime-type materials
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) 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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Reference
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Title
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Date of announcement (*)
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CEN/TS 17973:2023
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Safety of toys - Categorisation of slime-type materials
The main points are:
- Description methods: Tube, shape tests and rod test, this last test is to determine the slime-type material (categories according to EN 71-3).
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Category 1
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Migration limits for 19 elements
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Dry, brittle, powder-like or pliable toy materials
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Ex. Boron migration: < 1,200 mg/kg
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Category 2
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Migration limits for 19 elements
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Liquid or sticky toy materials
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Ex. migration limit: < 300 m/kg
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- Annex A: Information on slimes, including (potential) misleading information on putties and doughs that are designated as ‘slime’ due to very different properties and behaviour.
- Annex B: Informative information about results from an inter-laboratory trial.
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31 January 2024
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A system is established for the specific protection of geographical indications for craft and industrial products
On 27 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, foodstuffs or spirit drinks.
This regulation will be applicable from 1 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 updated the initiative related to Consumer rights.
Below is a summary table with the published initiatives:
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Published initiatives
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Status
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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
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Commission adoption planned for
The 4th quarter 2024
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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 (fast and simple mechanisms)
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The feedback period opened until 29 December 2023 related to the proposal for commission adoption
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FRANCE
Relevant publications related to ERP and AGEC Law
The latest publications in relation to Extended Producer Responsibility (ERP) and AGEC Law by the French Ministry of Ecological Transition are summarised in the table below:
PRODUCT RECALLS / ALERTS
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”)
Europe
Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 56 alerts regarding toys, childcare articles and children's equipment products were reported between weeks 43 and 46 of 2023.
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Type of Risk
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Number of alerts
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Notes
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Burns
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1
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Foaming soap
The product contains butane, isobutane, and propane, all of which are classified as extremely flammable gases.
The product does not comply with the requirements of the Toy Safety Directive.
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Burns, Choking, Strangulation
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1
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Fancy-dress costume
The product has small parts (sequins) which can easily become loose. Moreover, the buckle of the witch's hat is too large. Also, the hat is easily flammable, and the flame propagation is too high.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Chemical
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2
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Plastic doll
The plastic material of the head of the doll has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and di-'isononyl' phthalate (DINP).
These products do not comply with the REACH Regulation.
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1
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Toy with sweets
The plastic material on the head of the doll contains di-(2-ethylhexyl) phthalate (DEHP).
The product does not comply with the REACH Regulation.
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1
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Toy unicorn in a plastic egg
The product has an excessive concentration of di-isononyl phthalate) (DINP), di-isodecyl phthalate (DIDP) and di-n-octyl phthalate (DNOP).
The product does not comply with the REACH Regulation.
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2
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Finger paint
The paint contains formaldehyde and a mixture of the preservatives methylisothiazolinone (MI).
The product does not comply with the requirements of the Toy Safety Directive, EN 71-1 or EN 71-7.
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1
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Fancy-dress costume
The blue tulle fabric has an excessive concentration of formaldehyde.
The product does not comply with the REACH Regulation.
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Chemical, Choking
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3
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Toy car
The battery compartment is easily opened without the use of tools and the bodywork breaks easily, making the button cell batteries accessible.
The product does not comply with the requirements of the Toy Safety Directive or EN 62115.
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Key ring
The battery compartment is easy to open/break, resulting in the button cell batteries becoming accessible.
The product does not comply with the requirements of the Toy Safety Directive or EN 62115.
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Magnetic fishing game
The product contains an easily detachable small part (the tips of the fishing rods) with a high magnetic flux. In addition, if a child swallows these pieces, they could attract one another causing intestinal blockage or perforation.
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Choking
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3
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Soft toy
The seams under the arms of the doll are too weak, making the fibrous stuffing material of the toy easily accessible.
The products do not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Teething ring
The blue plastic loop can easily break generating small parts. A small child may put them in the mouth and choke.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Toy birthday cake
The toy has small parts (imitation flame of the candles) which can easily detach.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Wooden truck with trailer
Small parts (the wheels) can easily detach.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Toy slime with small balls
The polystyrene balls are too small.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Safety barrier
The barrier has small parts (grey elements at the ends) which can easily detach.
The product does not comply with the requirements of the General Product Safety Directive or EN 1930.
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6
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Plastic toys
The small plastic figures can break, and small parts can detach (wheel, three-bladed propeller and stickers).
These products do not comply with the requirements of the Toy Safety Directive or EN 71-1.
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2
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Toy crossbow
The suction cups of the bolts can easily detach.
These products do not comply with the requirements of the Toy Safety Directive or EN 71-1.
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5
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Baby self-feeding pillow
During self-feeding, the baby is not able to control the flow of fluid. The fluid will continue to flow even if the baby is not swallowing.
These products do not comply with the requirements of the General Product Safety Directive.
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1
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Toy water pistol
The product has a small part (hose connection).
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Nesting doll set
The smallest and second smallest figures are too small.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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2
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Rattle toy
The handle of the rattle toy is too long.
These products do not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Choking, Damage to sight
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1
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Toy gun
The gel beads can be put into the mouth and swallowed by children. In addition, the kinetic energy of the projectiles fired from the toy gun is too high and can lead to eye injuries.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Toy bow with arrow
The suction cup of the arrow can easily detach. Shooting the arrow without the suction cup can cause injuries to the eyes.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Choking, Injuries
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1
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Magnetic fishing toy
The product contains an easily detachable small part (magnet) with a high magnetic flux. In addition, if a child swallows these pieces, they could attract one another causing intestinal blockage or perforation.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Expandable toy
The dinosaur figurine can be put into the mouth and swallowed by children.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Toy plane with sweets
The toy has small parts (wheels, stickers, plastic disc film, the plastic part of the cord) that can easily detach. Additionally, the toy has exposed metal axles on the discs and wheels. The pulling string has too strong a retraction.
The product does not comply with the requirements of the Toy Safety Directive or with EN 71-1.
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Injuries
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2
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Toy scooter
The locking mechanisms of the steering tube are inadequate. The handlebar may slide or separate from the scooter.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Electric toy motorcycle
The space between the wheels and the motorcycle's body is too small.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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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 EN 13209-2.
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1
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Magnetic toy set
The toy is made of small parts (cubes) with a high magnetic flux.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Injuries, Strangulation
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2
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Safety barrier
The opening between the vertical slats of the safety barriers is too wide. Moreover, items around a child´s neck such as necklaces or hoodies can get caught on protrusions. The locking function does not work. The screws of the gate have flaws which may cause the gate's bottom hinge to become loose and create an opening.
These products do not comply with the requirements of the General Product Safety Directive or EN 1930.
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Overheating
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2
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Sleeping bags
They have an insulation rate corresponding to 5 TOG and can cause a baby to overheat.
These products do not comply with the requirements of the General Product Safety Directive or EN 16781.
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Strangulation
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2
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Yoyo puffer ball
The toy can stretch too long.
These products do not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Toy camera
The toy has a long strap to carry it around the neck.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Wooden toy
The product has a long cord. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Strangulation, Suffocation
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1
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Sensory swing
A child can become entrapped in the drapes and/or the rope, leading to strangulation.
The product does not comply with the requirements of the Toy Safety Directive.
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The following 7 alerts regarding furniture were reported between weeks 43 and 46 of 2023.
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Type of Risk
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Number of alerts
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Notes
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Injuries
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1
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Plastic chair
The armrest of the chair breaks easily.
The product does not comply with the requirements of the General Product Safety Directive, EN 581 or EN 1728.
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4
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Plastic chair
The chair can easily break and cause injury to the user.
These products do not comply with the requirements of the General Product Safety Directive, EN 581-2 or EN 1728.
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1
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Folding table
The metal construction of the table can break and cause injuries to users.
The product does not comply with the requirements of the General Product Safety Directive.
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Chemical, Environment
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1
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Bath mat
The product has excessive concentrations of short-chain chlorinated paraffins (SCCPs) and bis(2-ethylhexyl) phthalate (DEHP).
The product does not comply with the Persistent Organic Pollutants (POP) Regulation or the REACH Regulation.
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The following 8 alerts regarding jewellery were reported between weeks 43 and 46 of 2023.
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Type of Risk
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Number of alerts
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Notes
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Chemical
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2
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Pendant
The product contains or releases an excessive amount of cadmium.
These products do not comply with the REACH Regulation.
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3
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Necklace
The product contains or releases an excessive amount of cadmium.
These products do not comply with the REACH Regulation.
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1
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Waist chain
The product contains or releases an excessive amount of cadmium.
The product does not comply with the REACH Regulation.
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1
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Rings
The product contains or releases an excessive amount of cadmium.
The product does not comply with the REACH Regulation.
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Environment
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1
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Wristwatch
The solders have an excessive concentration of lead.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
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The following 6 alerts regarding miscellaneous products were reported between weeks 43 and 46 of 2023.
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Type of Risk
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Number of alerts
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Notes
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Chemical
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1
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Jumping rope
The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP), diisobutyl phthalate (DIBP) and dibutyl phthalate (DBP).
The product does not comply with the REACH Regulation.
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1
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Ballpoint pen
The top of the ballpoint has an excessive concentration of cadmium.
The product does not comply with the REACH Regulation.
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Chemical, Choking
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1
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Ballpoint pen
The battery compartment opens/breaks easily, making the button batteries accessible.
The product does not comply with the requirements of the Toy Safety Directive or EN 62115.
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Chemical, Environment
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1
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Bag
The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and short-chain chlorinated paraffins (SCCPs).
The product does not comply with the REACH Regulation or the Persistent Organic Pollutants (POP) Regulation.
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Cuts, Injuries
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1
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Halloween decoration
The wire within the decoration can become exposed due to a sharp point which pokes through the material.
The product does not comply with the requirements of the General Product Safety Directive.
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Environment
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1
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Cooking thermometer
The solders of the thermometer have an excessive concentration of lead.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
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RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 6 alerts regarding food contact materials related to children's tableware were reported from 21 October 2023 to 20 November 2023.
UK
OPSS issues Product Safety Alerts on the UK market.
The following 12 alerts regarding toys and childcare products were reported between weeks 43 and 46 of 2023.
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Type of Risk
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Number of alerts
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Notes
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Asphyxiation
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1
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Plush toy
the flexible plastic bag used for packaging has an area greater than 100mm x 100mm and was found to have a bag thickness of 0.035 ± 0.002mm. This is less than the minimum 0.038mm specified.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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Burn
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1
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Halloween face mask
It has been identified that they pose a flammability risk if exposed to a naked flame.
The products do not meet the requirements of the Toys (Safety) Regulations 2011.
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Chemical
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1
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Light Up Pop Pipes
The battery compartment can easily be removed from the flexible tube during play, the accessibility was therefore assessed by carrying out the drop test in 8.5 of EN 71-1 on the battery compartment.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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1
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Plush toy
It contains excess phthalates (DEHP and DBP).
The product does not meet the requirements of the REACH Enforcement Regulations 2008 and the Toys (Safety) Regulations 2011.
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Choking
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1
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Baby doll
The product presents a high risk of as when tested in accordance with the tension test, the dummy broke apart into three components (‘teat’, ring and ‘ring cap’) at a force of 5 Newtons, which is less than the specified minimum of 90 N. The detached ‘ring cap’ fitted wholly inside the small parts cylinder and therefore poses a potential choking hazard to a child under 36 months.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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3
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Plush toy
The detached components fitted wholly inside the small parts cylinder.
These products do not meet the requirements of the Toys (Safety) Regulations 2011.
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1
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Learning walker
The tops of both side panels of the walker were damaged and pieces broke off the right-hand side panel. All the broken pieces fitted wholly inside the small parts cylinder.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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Entrapment and injuries
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1
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Doll with pram
The potential sitting surface of the toy was greater than 140mm, therefore the toy failed 4.10.1 of BS EN 71-1. The locking device does not automatically engage when the toy is erected, and the pram remains ‘partially’ erect. In addition, as the pushchair is folded, parts of the metal frame move relative to each other with a scissor-like action and do not have a minimum clearance of 12mm in the folded position which poses a potential finger entrapment hazard to a child.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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Strangulation/ entanglement
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1
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Moses basket
Each waist strap presents free lengths that measure over the permitted length and the waist straps are clipped together, a loop is created that measures over the maximum permitted length.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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Suffocation
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1
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Plush pillows
It features a zip that allows immediate access to the fibrous filling material and does not have at least one covering, as required.
The product does not meet the requirements of the Toys (Safety) Regulations 2011 (Consumer Protection Act 1987).
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The following 2 alerts regarding miscellaneous products were reported between weeks 43 and 46 of 2023.
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Type of Risk
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Number of alerts
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Notes
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Burns
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1
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Tealight holder
Larger longer burning tealight could result in the product overheating and the ceramic cracking.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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Injuries
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1
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Ski touring binding
Under certain conditions, unexpected breakage of the spring guiding axis may occur, causing the ski boot to disconnect from the ski. Failure of the toe component may lead a skier to lose control or fall.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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U.S.
From 2 November 2023 to 22 November 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:
6 recalls regarding toy and childcare products
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Hazard
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Number of alerts
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Notes
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Suffocation, fall and entrapment
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1
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Baby loungers
The recalled loungers fail to meet the safety requirements of CPSC’s Infant Sleep Products Rule, creating an unsafe sleeping environment for infants and posing a suffocation risk and fall and entrapment hazards to infants. The failures include not having a stand and not meeting the requirements for side height and fabric-sided openings. The product’s sides are shorter than the minimum side height limit, the sleeping pad’s thickness exceeds the maximum limit and an infant could fall out of an enclosed opening at the foot of the lounger or become entrapped.
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Drowning
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1
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Infant bath seats
The bath seats fail to meet the federal safety regulation for infant bath seats, including requirements for stability and leg openings, and can tip over while in use, posing a drowning hazard to babies.
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Lead
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1
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Children’s craft buttons
The recalled children’s craft buttons 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.
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Choking and laceration
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2
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Children’s cups
The bottom exterior of the stainless-steel cups contains an accessible solder bead with levels of lead that exceed the federal lead content ban. Lead is toxic if ingested by young children and can cause adverse health effects. In addition, the lid can crack and break during use producing sharp edges and small parts, posing choking and laceration hazards to children.
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Choking
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1
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Toy mushroom peg sorters
The stems of the toy mushrooms can detach, posing a choking hazard to young children.
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6 recalls of consumer products
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Type of Risk
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Number of alerts
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Notes
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Fall and injury
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1
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Ski bindings
The toe component of recalled ski bindings can fail, causing the ski boot to disconnect from the ski, posing fall and injury hazards.
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Fire and laceration
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1
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3-wick glass candles
The recalled Magnolia 3-wick candles were manufactured with the incorrect wax, which can cause excessive flames on the wicks and cause the glass candle containers to break, posing fire and laceration hazards.
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Laceration
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1
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Mirrors
The plastic fittings that attach the mirror to the wall can break, causing the mirror to fall and posing a laceration hazard to consumers.
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Fall
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1
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Hammock swing chairs
A plastic buckle that supports the back of the chair can break when a consumer is seated in the chair, posing a fall hazard.
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Injury
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2
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Mini helium tanks
Compressed helium from the tank can escape and cause the plastic cap to be released into the air unexpectedly, posing an injury hazard due to projectiles striking users and bystanders.
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Vinyl sliding glass doors
The glass can separate from the frame during hurricane conditions which can pose a serious injury hazard.
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