Eurofins Toys & Hardlines Monthly Bulletin (April 2022)
Comments about the General product safety Regulation proposal
On 4 March 2022, the European Commission published the opinion of the European Economic and Social Committee on the proposal by the European Parliament and of the Council for a regulation on general product safety.
The proposed regulation aims to update the rules currently set out in Directive 2001/95/EC to ensure a safety net for all products and, at the same time, ensure that the regime provides greater consistency by aligning market surveillance rules for products falling outside the scope of the EU harmonisation legislation (‘non-harmonised products’) with those applying to products falling under the scope of the EU harmonisation legislation (‘harmonised products’) as set out in Regulation (EU) 2019/1020 of the European Parliament and of the Council.
It will also amend Regulation (EU) No 1025/2012 and repeal Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council.
For more information, consult the official publication here.
New approved eco-organisations
On 24 February 2022, the French authorities approved several eco-organisations for DIY and garden items and mineral or synthetic, lubricating or industrial oils according to the principle of extended producer responsibility (REP) defined in the environmental code.
REP aims to transfer responsibility of residual materials generated by the consumption of products to the companies that market them on a national territory.
In this case, in France, producers must join an approved eco-organisation to fulfil their obligations.
The latest publications by several French entities related to consumer products and the environment:
|
Date |
Entity |
Publication |
|
March 2022 |
DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) |
CE marking: for peace of mind in shopping |
|
March 2022 |
DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) |
Control of new feminine hygiene products |
FDA issues guidance on Initiation of Voluntary Recalls
On 4 March 2022, the Food and Drug Administration (FDA) published in the Federal Register the following notification of availability of a guidance for industry and FDA staff entitled “Initiation of Voluntary Recalls Under 21 CFR part 7, subpart C” (the “Guidance”).
The Guidance discusses the following topics related to voluntary recalls:
- Preparations that firms in a distribution chain, including manufacturers and distributors, should consider making to:
- establish recall initiation procedures;
- ensure timely identification of product issues that might lead to a recall;
- promptly issue recall communications and press releases; and
- ensure timely responses to a recall communication.
- How the FDA assists firms with carrying out their recall responsibilities to protect public health from products in violation of the Food, Drug, and Cosmetic Act and other FDA laws.
For more details of the Guidance, please visit the following link: https://www.fda.gov/media/123664/download
Comments regarding the justification for the Phthalates final rule and the cost-benefit analysis for continuing the interim prohibition on DINP
On 24 March 2022, the Consumer Product Safety Commission (CPSC) published in the Federal Register the following Request for Comments:
Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates.
Following a federal court opinion remanding the CPSC’s final phthalates rules to allow the CPSC to address two procedural deficiencies found by the court, the CPSC is seeking public comment regarding the justification for the phthalates final rule and the cost-benefit analysis for continuing the interim prohibition on DINP.
Written comments should be submitted by 9 May 2022.
New York proposes to restrict PFAS and Phthalates in packaging
The State of New York has recently proposed to expand its toxics in packaging act to include restrictions for phthalates and PFAS. Under FY 2023 New York State Executive Budget: Transportation, Economic Development and Environmental Conservation – Article VII Legislation, Part SS, beginning 31 December 2024, New York proposes to prohibit the distribution of packages and packaging components containing:
- Phthalates, individually or in combination, in amounts exceeding 100 ppm by weight; and
- PFAS, individually or in combination, in amounts exceeding 100 ppm by weight.
New York’s Hazardous Packaging Law already prohibits the distribution of packages and packaging components containing lead, cadmium, mercury or hexavalent chromium, individually or in combination, in amounts exceeding 100 ppm by weight. If the newly proposed restrictions for phthalates and PFAS are enacted, New York’s packaging law will be in line with the 2021 updated Toxics in Packaging Clearinghouse (TPCH) Model Legislation.
Please click here to see the official text of the proposed bill.
California introduces bill to ban intentionally-added microplastics
California has recently introduced Assembly Bill (AB) 2787 to ban the sale of certain products, such as leave-on cosmetics, waxes and polishes, that contain intentionally-added microplastics.
Under AB 2787, “Microplastic” is defined as a material consisting of solid polymer-containing particles, to which chemical additives or other substances may have been added, and 1 percent weight by weight (w/w) or more of the particles are either of the following sizes:
- 5 millimeters or less in all dimensions; or
- for fibers, 3 nanometers to 15 millimeters, inclusive, in length and have a length to a diameter ratio of greater than 3.
The following products shall not be sold on the dates specified if it contains intentionally added microplastics:
- Rinse-off cosmetics products – 1 January 2027
- Leave-on cosmetic products – 1 January 2029
- Detergents containing microbeads, encapsulated fragrances, or other microplastics – 1 January 2028
- Waxes and polishes – 1 January 2028
New Jersey introduces bill to restrict the use of recyclable claims
New Jersey has recently introduced Bill S2145 to prohibit the sale of certain products marketed as recyclable, unless the Department of Environmental Protection determines that the products are widely recycled.
Under Bill S2145, any symbol (such as the chasing arrows symbol or chasing arrows symbol surrounding a resin identification code) or statement claiming the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, will be considered a deceptive or misleading claim unless the product or packaging is considered recyclable in New Jersey and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging.
EPA proposes to amend Formaldehyde emission standards for composite wood products
On 29 March 2022, the Environmental Protection Agency (EPA) issued in the Federal Register a proposed rule to update several voluntary consensus standards that are incorporated by reference in the formaldehyde standards for composite wood products under the Toxic Substances Control Act (TSCA). See Table 1 below for a summary of the proposed updates of voluntary consensus standards:
Table 1:
|
Current Standard |
Proposed Standard |
|
ANSI/HPVA HP-1-2016 |
ANSI/HPVA HP-1-2020 |
|
ASTM D5055-16 |
ASTM D5055-19e1 |
|
ASTM D5456-14b |
ASTM D5456-21e1 |
|
BS EN ISO 12460-3:2015(E) |
BS EN ISO 12460-3:2020(E) |
|
JIS A 1460:2015(E) |
JIS A 1460:2021 |
|
PS-1-09 |
PS-1-19 |
|
PS-2-10 |
PS-2-18 |
The EPA also proposed the following changes:
- address remote inspections for third-party certifiers (TPCs) required to conduct on-site inspections in the event of unsafe conditions (e.g., COVID-19);
- clarify testing data requirements for emission standards of no added formaldehyde-based resins and ultra-low-emitting formaldehyde resins to fully align with California Air Resource Board (CARB) quality control data;
- clarify the period in which panels must be tested after their production to align with CARB; and
- include equivalence determinations to align with CARB requirements
For more details of the proposed rule, please click here.
New York regulates flame retardants in certain consumer products
On 31 December 2021, the State of New York approved Bill A5418B to regulate covered flame retardants in certain consumer products. Beginning 1 January 2024, no person shall sell or offer for sale any new upholstered furniture or mattress, that contains any intentionally-added covered flame retardant chemical, individually or in combination.
Under the new regulation, a “covered flame retardant chemical” means any chemical that meets the following criteria:
- A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and
- The chemical is one of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical.
In addition, beginning 1 January 2024, no person shall sell or offer for sale any electronic display that contains an intentionally added organohalogen flame retardant chemical in the enclosure or stand of such electronic display.
Beginning 1 January 2023, manufacturers of electronic displays must submit an annual report to the New York State Department of Environmental Conservation identifying all of the flame retardants used in the enclosure or stand of the electronic display in a form determined by the Department.
California proposes second modification of Prop 65 short form warning rule
On 5 April 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued “Notice Second 15-Day Modification of Text for Proposed Amendment: Clear and Reasonable Warnings – Short Form.” After reviewing comments on the first modification, the OEHHA proposed the following significant changes:
- Remove the label size and package shape limitations to allow the use of the short form warning on product labels of any size;
- Remove the requirement that the font type size must be the same as the largest type size providing consumer information. The minimum 6-point type size requirement for short-form warnings remains unchanged; and
- Modify the effective date of the regulation from one year to two years to allow additional time for businesses to implement changes to the short form.
For more details on the proposed changes, please click here.
Washington State passes PFAS priority products law
On 31 March 2022, the State of Washington enacted HB1694, which allows the Department of Ecology (DOE) to accelerate the regulation of PFAS-containing priority products under the Safer Products for Washington program.
Under the new law, the DOE may determine and adopt regulatory actions without going through the standard five-year process, and firefighting personal protective equipment has been established as a priority product for PFAS chemicals. The DOE may also consider any product identified in the DOE’s final PFAS chemical action plan (dated November 2021) as a priority product, such as water-resistant clothing, non-stick cookware, personal care products, cleaning agents, automotive products, floor waxes and sealants, ski waxes, and car waxes.
For such products named as a priority product, the DOE is directed to:
- determine an initial set of regulatory actions by 1 June 2024; and
- adopt rules to implement the initial set of regulatory actions by 1 December 2025.
California Proposition 65 reformulations
California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implementation of California Proposition 65, more and more court cases are being settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.
In order to keep retailers and manufacturers up-to-date, the highlights of the consent agreements and settlements are summarised as below:
|
Product |
Chemical |
Limit |
Case No |
|
Hibachi Grill |
Carbon Monoxide |
Products shall utilise a warning statement. |
San Francisco County Superior Court CGC-16-555429 |
|
Latex Resistance Bands |
N-nitrosodiethylamine (NDEA) |
10 ppb |
Alameda County Superior Court RG21107796 |
|
Airpod Cases |
Bisphenol A (BPA) |
BPA-Free or utilise a warning statement |
Out of Court Settlement |
|
Leather Gun Slings |
Chromium VI |
Product shall utilise a warning statement |
Out of Court Settlement |
|
Safety glasses |
Bisphenol A (BPA) |
BPA-Free or utilise a warning statement |
Out of Court Settlement |
|
Baby Food Pouch |
Acrylamide |
20 ppb or utilise a warning statement. |
Out of Court Settlement |
Proposition 65 60-Day notices for BPA in shoes
In April 2022, several Proposition 65 60-day notices for Bisphenol-A (BPA) in shoes were published. BPA is listed under Proposition 65 as a chemical known to cause reproductive toxicity.
Please click here to view the 60-day notices for BPA in shoes that have been published thus far.
China approves new substances safe for food contact
On 24 February 2022, China’s National Health Commission issued an announcement on the approval of new additives and materials safe for food contact use. Please click here to see the full text of the update in Chinese. Please see Table 1 below for a summary of the updates.
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
|
Notification number |
Countries |
Title |
|
United Kingdom |
The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022 |
Below you will find a monthly table summarising product recalls and alerts in Europe (Source “RAPEX” and “RASFF”) and the U.S. (Source “CPSC”).
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
The following 35 alerts regarding Childcare articles, equipment and toys were reported, between week 12 and week 16 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
Administrative failings |
1 |
Toy water pistol
The toy is not accompanied by the required information from the economic operator and the warning texts are too small to read. As a consequence, consumers are not informed about the safe use of the product. The product does not comply with the Toy Safety Directive nor with the European standard EN 71-1. |
|
Burns, Chemical, Choking |
1 |
Toy torch with sweets
The toy can easily break, leaving the button batteries accessible. A child could put them in the mouth, which could cause damage to the child’s gastrointestinal tract or choking. It does not comply with the Toy Safety Directive nor with the EN 62115. |
|
Chemical |
3 |
Plastic toy
The product contains an excessive amount of bis (2-ethylhexyl) phthalate (DEHP) and diisobutyl phthalate (DIBP). The product does not comply with the REACH Regulation. |
|
2 |
Toy smile
The migration of boron from the toy is too high. The product does not comply with the requirements of the Toy Safety Directive nor the European standard EN 71-3. |
|
|
Chemical, Choking |
1 |
Children's watch
The button battery compartment of the product may not be adequately secured and the button battery may be accessible by children. The product does not comply with the requirements of the Toy Safety Directive. |
|
Chemical, Choking, Environment |
1 |
Toy gun
The plastic material of the product contains an excessive amount of organic tin (TBT), bis(2-ethylhexyl) phthalate (DEHP), diisobutyl phthalate (DIBP) and dibutyl phthalate (DBP) and small parts can easily detach. The product does not comply with the REACH regulation nor with the European standards EN 71-1 and EN 71-3. |
|
Choking |
4 |
Soft and plush toy
Small parts can easily detach. The plastic bag is too thin and poses a suffocation risk. The product does not comply with the requirements of the Toy Safety Directive, nor with European standard EN 71-1. |
|
1 |
Toy guns set
The foam projectiles are too small; a child playing with the toy may put (a) projectile(s) in the mouth and choke. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
|
|
1 |
Hobby horse
Small parts can easily detach. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
|
|
1 |
Rattle toy
The toy has protruding parts. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
|
|
1 |
Bath toy
Small parts (propellers) 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. |
|
|
Choking, Damage to hearing |
3 |
Toy musical instruments
The sound pressure level is too high, small parts may easily detach from the toy. They do not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
|
Choking, Suffocation |
1 |
Inflatable toy set
Small parts can easily detach. the plastic of the packaging is too thin. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
|
Damage to hearing |
1 |
Toy mobile phone
The sound level produced by the toy is too high. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
|
Damage to hearing, Injuries |
1 |
Baby swing
The restraint system of the product does not have shoulder straps. Furthermore, the crotch strap of the waist belt may easily break. Moreover, the sound pressure level is too high. The product does not comply with the General Product Safety Directive nor with the Euro EN 16232. |
|
Injuries |
1 |
Electric swing for babies
The swing is not stable enough. The product does not comply with the General Product Safety Directive nor with the EN 1273. |
|
3 |
Baby swing
The product has completely bounded openings on each side within the protected volume. The product does not comply with the General Product Safety Directive nor with EN 16232. |
|
|
2 |
Reclined cradle
The locking mechanism on the product does not engage automatically. The product does not comply with the General Product Safety Directive nor with EN 12790. |
|
|
Injuries, Strangulation |
1 |
Reclined cradle
The locking mechanism on the product does not engage automatically. Furthermore, since the angle between the backrest and the horizontal surface is too small, the product does not comply with the General Product Safety Directive nor with EN 12790. |
|
Injuries, Suffocation |
1 |
Baby swing
The angle between the backrest and the horizontal surface is too small. Furthermore, the plastic of the packaging is too thin. The product does not comply with the General Product Safety Directive nor with the EN 16232. |
|
Suffocation |
1 |
Reclined cradle
The plastic of the packaging is too thin. The product does not comply with the General Product Safety Directive nor with EN 12790. |
The following 76 alerts regarding hard goods/ miscellaneous goods were reported between week 12 and 16 of 2022.
|
Types of Risk |
Number of alerts |
Notes |
|
Chemical |
2 |
Bath mat
The bath mat contains an excessive amount of bis-(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation. |
|
Shower set
The bath mat contains an excessive amount of bis-(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation. |
||
|
Burns |
1 |
Oven mitts
The product's material is not resistant to high temperatures. When touching a hot surface with it, the user may/will suffer severe burns to the fingers/hand. It does not comply with the Personal Protective Equipment Regulation nor with the EN 407. |
|
1 |
Smart watch
The battery can overheat, posing a risk of burns to the users. It does not comply with the requirements of the Radio Equipment Directive nor with the EN 60950-1. |
|
|
Chemicals |
69 |
Jewellery
The items contain an excessive level of Cadmium. The product does not comply with the REACH Regulation. |
|
Choking |
1 |
Decorative candles
Due to their characteristic appearance, form, colour and size, the product may be mistaken for foodstuff. The product has small parts (the decorative parts on top) that can be easily detached. It does not comply with the requirements of the Food Imitating Directive nor the Toy Safety Directive. |
|
Drowning, Injuries |
1 |
Personal watercraft
The tabs of the portable audio system may break, causing it to dislodge from its support. The product does not comply with the requirements of the Recreational Craft and Personal Watercraft Directive. |
|
Fire |
1 |
Candles set
The melted material of the candle can ignite and continue to burn during use. The product does not comply with the General Product Safety Directive nor the EN 15493. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities).
The following 5 alerts regarding Food Contact Materials related to children's tableware were reported from 21 March 2021 to 20 April 2022.
|
Product |
Substance / Hazard |
|
|
Kids Plastic Kitchenware Set |
Plastic food contact materials containing bamboo fiber and other bamboo substances are not allowed to be sold or imported into Ireland as per Commission Regulation (EU) No 10/2011. |
|
|
Children's tableware set |
Melamine in a children's tableware set |
|
|
Children's tableware |
Unauthorised use of bamboo in tableware from China |
|
|
Children's tableware |
Unauthorised use of bamboo in children's tableware from China |
|
|
Children's lunch kit |
5-piece children's lunch kit in bamboo melamine |
|
UK
OPSS issues Product Safety Alerts on the UK market. The following 11 alerts regarding toys & childcare products were reported between week 12 and week 16 of 2022.
|
Types of Risk |
Number of alerts |
Notes |
|
Injuries |
1 |
Magnetic Blocks Construction
The product presents a high risk of injuries as, when tested, the small magnets were found to have a magnetic flux index greater than 50 kG²mm². The product does not meet the requirements of the General Product Safety Regulations 2005. |
|
Choking and Asphyxiation |
1 |
Libra Frog Intelligent Game
The product contains small parts and the flexible plastic bags in which the toy accessories are supplied in have an area greater than 100 x 100mm. Additionally, the product does not comply fully with the marking requirements of the relevant standard. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Burns |
2 |
Children LED Phone
A short circuit of the product may result in the surface of the plastic screen of the phone reaching high temperatures. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Dancing Toy Robot
A short circuit of the product may result in the surface of the plastic igniting. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
||
|
Choking |
4 |
Fidget Toy
Product contains small parts and does not have age label or warning. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Wooden teether rings
The string can become untied, releasing the wooden beads that could present a choking hazard for children. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
||
|
Plastic cars
The car consists of a detachable small part, which fits in a small parts cylinder. A child playing with the toy unattended may place the small part in their mouth, posing a choking hazard to young children. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
||
|
Plush hand puppets
It contains small parts that are easy to detach. The product does not meet the marking requirements of the relevant standards and does not comply with the Toys (Safety) Regulations 2011. |
||
|
Choking and injuries |
1 |
Fancy dress accessories
It contains button cell batteries that can be easily accessible without the aid of a tool. The products do not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Injuries |
1 |
Pushchair
If the back leg of the product breaks while in use, it could cause the infant to fall and injure themselves. The product does not meet the requirements of the General Product Safety Regulations 2005. |
|
Injuries and choking |
1 |
Musical box
The product presents a risk of internal injuries as it contains high powered magnets that are easily accessible. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
1 alert regarding consumer products.
|
Type of Risk |
Number of alerts |
Notes |
|
Impact and crush |
1 |
Wall Bed
The wall beds can detach from the wall and fall onto those nearby. |
U.S.
From 21 March 2022 to 20 April of 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
6 recalls regarding Toys and childcare products
|
Type of Risk |
Number of alerts |
Notes |
|
Injuries |
3 |
Children’s Bicycle Helmets
It does not comply with the positional stability and retention system requirements of the U.S. CPSC federal safety standard for bicycle helmets. |
|
Magnetic Blocks
The ingested magnets can attract to each other, or to another metal object, and become lodged in the digestive system. This can result in perforations, twisting and/or blockage of the intestines, infection, blood poisoning and death. |
||
|
Kids Bicycles
These bicycles are equipped only with hand brakes and do not comply with Federal regulations. |
||
|
Choking |
1 |
Glow Rattles
The rattle’s legs can break off, posing a choking hazard to young children. |
|
Fall and injury |
1 |
High chairs
The white plastic seat can break. |
|
Choking |
1 |
Toy Wood Sensory Boards
It contains small parts from the products that can come loose. |