Eurofins Toys & Hardlines Monthly Bulletin (December 2021)
EUROPE
The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of availability: date when the definitive text in the official language versions of an approved CEN/CENELEC publication is distributed by the Central Secretariat.
(**) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
CEN |
|||
Reference |
Title |
Date of Availability (*) |
Supersedes |
Safety of toys - Mechanical and physical properties - Guidance on categorisation of projectile toys within EN 71-1 |
10-11-2021 |
||
Reference |
Title |
Date of Withdrawal (**) |
Supersedes |
Outdoor candles - Product safety labels |
30-06-2022 |
||
Outdoor candles - Specification for fire safety |
30-06-2022 |
Amendment of the EU Ecolabel for indoor and outdoor paints and varnishes
On 26 October 2021, The European Commission published the following amendment to the EU Ecolabel for indoor and outdoor paints and varnishes:
It indicates new limits for the following preservatives added to colourants, binders and final products:
Substances |
New limit |
Previous limit |
2-methyl-2H-isothiazol-3-one |
0,0015% |
0,0200 % |
2-octyl-2H-isothiazol-3-one |
0,0500 % (until 28 February 2022) |
0,0500 % |
And the new restriction and/or derogations for pigments in the section headed ‘5. Miscellaneous functional substances with general application’:
Substance group |
Scope of restriction and/or derogation |
Concentration limits (where applicable) |
Assessment and verification |
‘(f) Pigments Applicability: All products |
Restriction: Pigments containing metals shall only be used where laboratory testing of the pigment shows that the metal chromophore is bonded within a crystal lattice and is insoluble.
|
n/a |
Verification: Test results demonstrating that the pigment chromophore is bonded within a crystal lattice and is insoluble. |
Derogation to criterion 5(a): Carc. Cat. 2, H351 (inhalation):
|
n/a |
Verification: The applicant shall demonstrate that both they and the TiO2 supplier have systems in place to minimise worker exposure to dry TiO2 powder in the workplace (e.g. closed dosing systems, ventilated dosing and mixing areas, personal protective equipment). |
|
Derogation to criterion 5(a): Repr. Cat. 2, H361fd:
|
0,50 % |
Verification: The pigment supplier shall declare that the TMP content does not exceed 0,50 % w/w of the pigment.’ |
FRANCE
Public Consultation about AGEC law
The AGEC Law, law n ° 2020-105 of 10 February 2020, is the anti-waste law related to the circular economy. The aim is to limit waste and preserve natural resources, biodiversity, and the climate.
In recent months, two public consultations have taken place about the French draft Decree related to the framework of article 13.I of the AGEC law. They aim to promote the implementation of the obligation laid down in Article L. 541-9-1 of the Environmental Code relating to consumer information on the environmental qualities and characteristics of waste-generating products. This code affects producers, importers, distributors, or other parties placing waste-generating consumer products on the market, including those using an online website, platform or other distribution channel during the course of their commercial activity in France, and consumers of such products.
One of the public consultations was the Draft decree in the Council of State relating to public information on the qualities and characteristics of products generating waste, in application of Article L. 541-9-1 of the Environment Code which was open from 12 October until 17 November 2021.
Currently, a public consultation hosted by the European Commission was opened from 4 October until 5 January 2022 regarding this same decree.
See the Decree on consumer information on the environmental qualities and characteristics of waste-generating products (2021/644/F) here.
This decree specifies the definitions of the various environmental characteristics and qualities of products, the sectors and categories of products concerned, as well as the procedures for making information available.
For toys, furniture, electrical and electronic equipment, batteries and accumulators, packages used to market products consumed or used by households, including those consumed outside the home, sports and leisure articles, DIY and garden articles, the consumer information is:
- Recyclability information:
It is characterised by the following points (excluding leather articles):
(1) The ability to be efficiently collected
(2) The ability to be classified
(3) The absence of elements or substances that will disrupt the sorting, recycling or limit the use of the recycled material
(4) The extent to which the recycled material produced represents more than 50% of the bulk of the waste collected
(5) The ability to be recycled on an industrial scale and that the recycling chain can demonstrate sufficient ability to be integrated into other products.
If the product complies with these 5 points (section VI of this draft decree), the words « produit recyclable» recyclable product ou « emballage recyclable “recyclable packaging” can be used as information on recyclability.
If the recycled material produced by the recycling processes represents more than 95% of the bulk of the waste collected, the words « produit entièrement recyclable » “fully recyclable product” may be affixed.
Where the materials are predominantly re-incorporated in products of an equivalent nature that meet the same use and destination, the producer may use the words « produit recyclable en boucle fermée » “closed loop recyclable product” or emballage recyclable en boucle fermée »
For furniture, electrical and electronic equipment, batteries and accumulators, sports and leisure articles, DIY and garden articles, the environmental qualities and characteristics relating to consumer information are:
- The incorporation of recycled material (with the exception of leather articles):
This information shall be expressed with the following sentence: « produit comportant au moins [%] de matières recyclées » (“product containing at least [%] recycled materials”).
Note: It shall be measured as the overall proportion of the mass of materials derived from recycling.
For all products and package, the use of words as “biodegradable”, « biodégradable », « respectueux de l’environnement » “environmentally friendly” or any other equivalent are prohibited.
This decree provides for the effective implementation of this measure from 1 January 2022.
Fighting against gender stereotypes through toys
On 30 November 2021, the Ministry of the Economy, Finance and Recovery (Ministère de l’economie des finances et de la reliance) announced that the 2021 edition of the charter for mixed representation of toys was signed. The document brings together public actors and industry professionals and aims to fight against gender stereotypes from an early age through toys.
For more information, consult the official publication in French here.
The assessment of the environmental claims of school supplies
In 2020, the DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des frauds) investigated the school supplies sector to ensure the veracity of the environmental claims made by a growing number of products.
Claims of environmental friendliness are subject to compliance with Laws n° 2020-105 of 10 February 2020 relating to the fight against waste and the circular economy, and n ° 2021-1104 of 22 August 2021 on the fight against climate change so that consumers can receive fair information and make more informed purchases.
In addition, the environmental claims used must not be contrary to the provisions of the Consumer Code relating to deceptive commercial practices (articles L. 121-2 and following), and must therefore be explicit and precise so as not to mislead the consumer. They must also be based on relevant and verifiable scientific evidence.
The DGCCRF is investigating to verify that the environmental claims put forward in the labeling of products were indeed verified by professionals.
For more information, visit the DGCCRF website here (in French).
Safety control of outgoing laser devices
In 2020, the DGCCRF investigated outgoing laser devices and carried out a survey of around one hundred establishments in order to guarantee the safety of this type of device according to Decree n ° 2007-665 amended 2 May 2007, known as the “lasers” decree.
Outgoing lasers are defined as devices which produce or amplify laser radiation through the phenomenon of controlled simultaneous emission, the light beam of which is accessible to the user (laser devices which do not include an outgoing laser, such as CD players were therefore excluded from the scope of the survey). Thus, this definition covers various products, such as those which project beams of bright colours intended for decorative or festive purposes. They can also be products of common use such as:
- toys: laser guns, animal toys, etc.
- DIY related items: measuring instruments using an outgoing laser (range finders, levels, devices for calculating an area) or laser guides affixed to DIY tools.
- various electronic devices: remote controls, pointers used during guided site visits, etc.
The result was an anomaly rate of 12%.
For more information, visit the DGCCRF website here (in French).
China
China publishes updated GB Standards
On 21 May 2021, the announcement Nº 7 of 2021 was published by China National Standardization (SAC). The table below summarises the standards which became effective on 1 December 2021.
No. |
Standard No. |
Standard Name |
Superseded Standard |
Implementation Date |
16 |
GB/T 4893.1-2021 |
GB/T 4893.1-2005 |
01-12-2021 |
|
112 |
GB/T 22808-2021 |
Leather and fur chemical test. Determination of chlorophenol |
GB/T 22808-2008 |
01-12-2021 |
113 |
GB/T 22888-2021 |
GB/T 22888-2008 |
01-12-2021 |
|
114 |
GB/T 22889-2021 |
Leather physical and mechanical testing. Determination of surface coating thickness |
GB/T 22889-2008 |
01-12-2021 |
120 |
GB/T 24279.2-2021 |
Textiles. Determination of certain flame retardants. Part 2: Phosphorus flame retardants |
|
01-12-2021 |
126 |
GB/T 25301-2021 |
GB/T 25301-2010 |
01-12-2021 |
|
264 |
GB/T 40180-2021 |
|
01-12-2021 |
|
310 |
GB/T 40228-2021 |
Guidelines for the Control of Certain Chemical Substances in Clothing Accessories and Components |
|
01-12-2021 |
353 |
GB/T 40270-2021 |
General technical requirements for textiles based on consumer experience |
|
01-12-2021 |
359 |
GB/T 40276-2021 |
|
01-12-2021 |
U.S.
Public consultation on regulatory actions in consumer products
On 18 November 2021, the Department of Ecology for the State of Washington opened a public comment period of 60 days on regulatory actions addressing chemicals in consumer products.
The main points are the restrictions on:
- Flame retardants in the enclosures for electric and electronic products, and recreational foam (like in gymnasiums).
- Polychlorinated biphenyls (PCBs) in paints and printing inks, which are created inadvertently during pigment manufacturing.
- Per- and polyfluoroalkyl substances (PFAS) in carpets and rugs, leather and textiles, home furniture and furnishings, and treatment sprays for textile and leather products.
- Bisphenols in thermal paper (like receipts) and drink can linings.
- Alkylphenol ethoxylates (APEs) in laundry detergents.
- Phthalates in vinyl flooring and personal care and beauty products.
For more information, visit the Department of Ecology for the State of Washington website here.
BRAZIL
New requirements for pacifiers
On 12 November 2021, Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology published an amendment related to the Inmetro Ordinance No. 301 of 12 July 2021 which includes the requirements for pacifiers.
This amendment changes the final date to adapt the layout of the Conformity Identification Seal from 31 December 2021 to 31 December 2022.
For more information, consult the official publication here.
INTERNATIONAL
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 |
Armenia |
Draft Amendments № 3 to the Customs Union Technical Regulation «On the Safety of Toys» (CU TR 008/2011) |
|
Korea |
A draft revision for Supplier's Declaration of Conformity criteria for Kick board for Children
|
|
Russia |
Draft Amendments № 3 to the Customs Union Technical Regulation «On the Safety of Toys» |
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 76 alerts regarding Childcare articles, equipment and toys were reported, between week 46 and week 50 of 2021.
Type of Risk |
Number of alerts |
Notes |
Burns |
1 |
Toy mask
It poses a risk of burns due to the high flammability of the material of the mask. It does not comply with the requirements of the Toy Safety Directive and the standard EN 71-2. |
Burns, Choking, Cuts |
1 |
Children’s bath thermometer
The bath thermometer is not accurate in the temperature shown and may consequently give rise to a risk of burns. The thermometer has a protruding part. |
Chemical |
11 |
Plastic dolls
The toy contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DNOP) and dibutyl phthalate (DBP). It does not comply with the Toy Safety Directive or with REACH. |
1 |
Plastic ball
The plastic of the ball contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), di-isononyl phthalate (DINP) and lead. |
|
3 |
Baby soother
The product contains Bisphenol A (BPA). It does not comply with the requirements of the General Product Safety Directive and EN 1400. |
|
1 |
Inflatable armbands
The product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). It does not comply with the REACH Regulation. |
|
1 |
Toy bow with arrows
The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), benzyl butyl phthalate (BBP), diisobutyl phthalate (DIBP) and dibutyl phthalate (DBP). |
|
1 |
Plush toy with suction cup
The suction cup of the toy contains an excessive amount of di-2-ethylhexyl phthalate (DEHP) and dibutyl phthalate (DBP). |
|
1 |
Toy stroller with doll
The doll's head contains an excessive amount of di-2-ethylhexyl phthalate (DEHP) and dibutyl phthalate (DBP). It does not comply with the REACH Regulation. |
|
1 |
Babies' soother with thermometer
The product contains Bisphenol A (BPA). It does not comply with the requirements of the General Product Safety Directive and EN 1400. |
|
1 |
Children’s gardening set
The material of the shovel contains an excessive amount of chromium VI. It does not comply with the requirements of the Toy Safety Directive. |
|
1 |
Toy set
The product contains an excessive amount of di-2-ethylhexyl phthalate (DEHP) and dibutyl phthalate (DBP). It does not comply with the REACH Regulation. |
|
1 |
Finger paint
The product contains a mixture of the preservatives methylchloroisothiazolinone and methylisothiazolinone (MCI/MI), which are forbidden in leave-on cosmetics. It does not comply with the requirements of the Toy Safety Directive. |
|
1 |
Toy slime
Due to its presentation, the product can easily be confused with a soft drink. It may therefore be swallowed from the easily opened bottle by a child or vulnerable person, which can cause gastrointestinal irritation. |
|
1 |
Toy slime
The migration of boron from the toy slime is too high. |
|
Chemical, Choking |
1 |
Luminous balloons
The plastic case containing the button batteries is easily opened, causing the button batteries to be released and accessible. It does not comply with the requirements of the Toy Safety Directive and with EN 62115. |
1 |
Plastic toy
The button cell batteries are easily accessible. It does not comply with the requirements of the Toy Safety Directive and EN 62115. |
|
Chemical, Choking, Suffocation |
1 |
Soft toy
The suction cup on top of the soft toy's head detaches easily. |
Chemical, Environment |
1 |
Plastic doll with accessories
The plastic in the head and legs of the doll contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), di-isononyl phthalate (DINP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) and short chain chlorinated paraffins (SCCPs). |
Choking |
1 |
Toy Car
The pink feather is easily detached. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
1 |
Rattle toy
Small parts (part of the toy's arms, threaded beads) can easily detach from the rattle. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Soft toy rattle
The toy's seams are too weak, and the padding and associated rattle may then fall out. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Toy musical instrument set
Small parts (cap, legs and arms of the pig figure) may easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and with the European standard EN 71-1. |
|
1 |
Bath toy set
Small plastic parts (squeaking element) may easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and with the European standard EN 71-1. |
|
1 |
Soother holder
The fastener of the soother holder clip breaks easily, generating small parts. It does not comply with the relevant EN 12586. |
|
1 |
Teddy bear
Due to the weakness of the seams, the fibrous stuffing material of the toy is easily accessible. It does not comply with the requirements of the Toy Safety directive and EN 71-1. |
|
1 |
Toy bow with arrows
The suction cups of the projectile can easily detach. If a child puts the projectile in the mouth, the suction cups can obstruct the airways and lead to choking. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Baby Gym
The toy can easily break, resulting in small parts. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Costume
The product has small parts, namely a button, that can be easily detached. It does not comply with the Toy Safety Directive and the European standard EN 71-1. |
|
2 |
Plush toy
Small parts can easily detach (chain). It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Plastic doll
Small parts (hand) may easily detach. A child can put them in the mouth and choke. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Filled-in balloons
During inflation of the balloon the small balls inside can easily come out of the balloon. A small child could put the balls in the mouth and choke. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Multifunctional toy
The yellow rattle may easily break, releasing small balls. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Plastic toy
The wheel of the toy is easily detached. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Wooden puzzle
Small parts can easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
Choking, Cuts, Damage to hearing |
1 |
Toy musical instrument set
The rattles can easily break, resulting in small parts, and their handles are too long. The drum can break easily. Moreover, the warning on the safe use of a percussion toy is missing. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
Choking, Suffocation |
4 |
Children's fancy-dress costume
The product has small parts, namely a button, that can be easily detached. The plastic bag of the packaging is too thin. It does not comply with the Toy Safety Directive and EN 71-1. |
Toy telephone
The wheels of the product are too small and easily detached. |
||
Drinking bottle
Small parts can easily detach from the product. A small child may put them in the mouth and choke. It does not comply with EN 14350. |
||
Plastic toy
Small parts can easily detach (plastic cord, legs, small wheel, metal screw, stickers with plastic cord). Moreover, the plastic bag of the packaging is too thin. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
||
Environment |
13 |
Electric toy (Plane, dolls, remote controlled toys, drones, electrical musical instruments, etc.)
The soldering of the toy contains an excessive amount of lead and cadmium. It 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). |
Fire |
1 |
Fancy-dress mask
The mask is easily flammable and the flame propagation is too high. If it catches fire, the child could suffer burns. It does not comply with the Toy Safety Directive and EN 71-2. |
Injuries |
1 |
Magnetic blocks
The magnetic balls are a choking hazard if swallowed. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
2 |
Magnetic balls
The toy is made of small parts (balls) with a high magnetic flux. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
Injuries, Strangulation, Suffocation |
1 |
Children's fancy dress
The dress has free cords which can cause the child to fall during their normal activities and cause injuries. The plastic bag of the packaging is too thin. |
Strangulation |
2 |
Children's mermaid costume
The dress has non-detachable cords in the neck area. It does not comply with the requirements of the Toy Safety Directive and EN-71-1. |
Baby Nest
The baby nest has long functional cords. It does not comply with the requirements of the General Product Safety Directive. |
||
Strangulation |
1 |
Sleeping bag
The neck opening is too large in relation to the child’s height/age. It does not comply with the requirements of the General Product Safety Directive and EN 16781. |
2 |
Toy kitchen set
The pot has a hemispheric shape that could cover the nose and mouth of small children, leading to suffocation. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Yoyo ball
The toy could cover the nose and mouth of small children, leading to suffocation. |
The following 17 alerts regarding hardgoods/ miscellaneous goods were reported, between week 46 and week 50 of 2021.
Types of Risk |
Number of alerts |
Notes |
Burns |
2 |
Decorative spray
The spray contains a highly flammable substance considered dangerous and not allowed in such items due to their use inside of homes. The product does not comply with the REACH Regulation. |
Chemicals |
11 |
Jewellery
The product releases an excessive amount of nickel, lead and cadmium. It does not comply with the REACH Regulation. |
1 |
Cutting mat
The green plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). It does not comply with the REACH Regulation. |
|
1 |
Paddle racket
The carrying cases contain an excessive amount of diisobutyl phthalate (DIBP), dibutyl phthalate (DBP) and bis(2-ethylhexyl) phthalate (DEHP). |
|
Injuries |
1 |
Plastic forks
The fork breaks easily and plastic fragments detach from it. |
1 |
Worktop for ladder
The two sides of the worktop may detach unexpectedly and slide away from each other. It does not comply with the requirements of the General Product Safety Directive and the relevant European standard EN 131-4. |
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 November 2021 to 20 December 2021.
Product |
Substance / Hazard |
|
Children’s bamboo tableware |
Unauthorised use of bamboo in children's tableware offered online for sale |
|
Children’s bamboo tableware |
Unauthorised use of bamboo in children's tableware offered online for sale |
|
Children’s bamboo tableware |
Unauthorised use of bamboo in children's tableware offered online for sale |
|
Children’s bamboo tableware |
Unauthorised use of bamboo in children's tableware offered online for sale |
|
Children’s tableware |
Unauthorised use of bamboo and maize in bamboo fibres, maize starch and melamine in children's tableware from China |
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
The following 2 alerts regarding furniture were reported between week 30 and week 50 of 2021.
Types of Risk |
Number of alerts |
Notes |
Injuries |
1 |
Folding chair
The chair front legs are not strong enough and deform easily. The person seating can fall and suffer injuries. It does not comply with the requirements of the General Product Safety Directive and EN 12520. |
1 |
Learning tower
The high chair is not sufficiently stable. It does not comply with EN 14988. |
U.S.
From 21 November 2021 to 20 December 2021, the CPSC (Consumer Product Safety Commission) published the following 2 recalls:
2 recalls regarding furniture and consumer products
Hazard |
Number of alerts |
Notes |
Ingestion and choking |
1 |
Projector Flashlights
A child can disassemble the projector flashlight and access the button cell batteries, which are a choking hazard. |
Drowning |
1 |
Infant Bath Seats
The bath seats fail to meet the federal safety standard for infant bath seats, including requirements for stability and leg openings, and can tip over while in use. |
Between 21 October and 20 December 2021, the CPSC (Consumer Product Safety Commission) published the followingrecalls: 3 recalls of furniture.
Hazard |
Number of alerts |
Notes |
Entrapment, death or injuries |
1 |
Drawer Chests
The chests are unstable if they are not anchored to the wall, posing a tip-over risk and consequently death or serious injuries to children. They do not comply with the voluntary industry standard ASTM F2057-19. |
Laceration |
1 |
Stools
The metal band at the base can contain sharp edges. |
Risk of lead poisoning |
1 |
Chair
Surface paint on the furniture contains levels of lead that exceed the federal lead paint ban. Lead is toxic if ingested by young children and can cause adverse health effects. |