Eurofins Toys & Hardlines Monthly Bulletin (July 2021)
EUROPE
New update of Candidate List of Substances of Very High Concern (SVHC) for consumer products.
For more information visit www.eurofins.com/toys-hardlines/resources/industry-newsletter/new-update-of-candidate-list-of-svhc-for-consumer-products/.
Amendment for Child Restraint System - UN Regulation 44 [2020/1223]
On 17 July 2021, The European Commission published the following acts adopted by bodies created by international agreements:
It shows the updated table on possible configurations for approval Groups/categories.
US
On 14 July 2021, the Federal Trade Commission published the final “Made in USA” (MUSA) rule. The rule will take effect on 13 August 2021.
The Commission has decided to adopt the substantive provisions of the rule as initially proposed. It covers labels on products that make unqualified MUSA claims. It also codifies the Commission's previous MUSA Decisions and Orders and prohibits marketers from making unqualified MUSA claims on labels unless:
- Final assembly or processing of the product occurs in the United States,
- All significant processing that goes into the product occurs in the United States, and
- All or virtually all ingredients or components of the product are made and sourced in the United States.
The rule also covers labels making unqualified MUSA claims appearing in mail-order catalogues or mail-order advertising.
For more information, consult the Federal Register website here.
CANADA
Prohibitions and restrictions for flame-retardant chemicals under the CCPSA
On 26 June 2021, the Government of Canada published a Notice to stakeholders on the use of flame-retardant chemicals in certain consumer products in Canada.
The purpose of this notice is to achieve compliance with the flammability performance requirements for certain consumer products set out in regulations under the Canada Consumer Product Safety Act (CCPSA) without using flame-retardant chemicals.
For more information, consult the Government of Canada website here.
CHINA
Total ban on the production and use of Hexabromocyclododecane (HBCDD)
On 8 June 2021, the Ministry of Ecology and Environment of the PRC, the Ministry of Industry and Information Technology of the PRC, the Ministry of Housing and Urban-Rural Development of the PRC and the State Administration for Market Regulation joint-published announcement No. (2021) 237.
It made a clear statement that starting from 26 December 2021, the production, use, import and export of HBCDD will be prohibited. All the provinces (including autonomous regions and municipalities) shall formulate provincial implementation plans to actively promote this important compliance task and ensure the Stockholm Convention on Persistent Organic Pollutants is well implemented in China.
In order to meet the schedule, the following strategies shall be deployed:
- Investigating and dynamically tracking the production and the use of HBCDD, establishing a ledger and strengthening dynamic management
- Guiding and urging enterprises to earnestly fulfil their own obligations
- Enforcing the supervision and management, imposing penalties on illegally production and marketing activities
- Strengthening the environmental supervision and management of the disposal of waste stocks
The completed notification can be found here (in Chinese).
Below you will find a monthly summary table of 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)
There were 38 alerts regarding Childcare articles, equipment and toys were reported, between week 25 and week 29 of 2021. There were 4 alerts regarding furniture were reported, between week 18 and week 29 of 2021.
The mask is easily flammable and the flame propagation is too high. It does not comply with the Toy Safety Directive and EN 71-2.The surface of the battery compartment can overheat. It does not comply with the Toy Safety Directive and EN 71-1 and EN 62115.
|
Type of risk |
Number of alerts |
Notes |
|
Burns |
1 |
Children's fancy dress costume: The fancy dress costume 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. |
|
1 |
Costume |
|
|
1 |
Electric Toy |
|
|
Burns, Cuts, Injuries |
1 |
Toy tent The tent material is easily flammable and the flame propagation is too high. Furthermore, the tent's frame is not sufficiently stable and can break when using the product. It has sharp edges. It does not comply with the Toy Safety Directive and EN 71-1 and EN 71-2. |
|
Chemical |
1 |
Set of plastic balls They contain an excessive amount of diisobutyl phthalate (DIBP). They do not comply with the REACH Regulation. |
|
5 |
Plastic toys The toy contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DNOP), benzyl butyl phthalate (BBP), diisodecyl phthalate (DIDP), dibutyl phthalate (DBP), di-isonylephthalate (DINP), diisobutyl phthalate (DIBP) and the flame retardant tris(2-chlor-1-methylethyl phosphate (TCPP). It does not comply with Toy Safety Directive nor with REACH |
|
|
1 |
Finger paint set There is an excessive migration of lead in the white paint and the red and green finger paints release an excessive amount nitrosamines , among which n-nitrosodiethanolamine (NDELA) is included. It does not comply with the Toy Safety Directive and with the EN 71-3 and EN 71-12. |
|
|
Chemical, Damage to hearing |
1 |
The product’s plastic contains an excessive amount of polycyclic aromatic hydrocarbons (PAHs), notably benzo[a]anthracene (BaA). Furthermore, the sound pressure level is too high. It does not comply with the REACH Regulation and the Toy Safety Directive and EN 71-1. |
|
Chemical, Damage to sight |
1 |
Balloons The rubber of the red balloons releases an excessive amount of nitrosatable substances, which generate nitrosamines. The design of the safety goggles is inappropriate to protect against droplets. It does not comply with the Toy Safety Directive, EN 71-4 and EN 71-12. |
|
Choking |
7 |
Small parts. Does not comply with EN 71-1 |
|
Choking, Suffocation |
1 |
Small parts may easily detach from the toy. The fibrous stuffing material of the toy is easily accessible due to the weakness of certain seams. It does not comply with the regulations on the safety of toys and EN 71-1. |
|
Entrapment |
1 |
Playground with slide and swing It has accessible holes which may cause entrapment of fingers when the body of the child is in a forced movement (close to the starting section of the slide). It does not comply with the Toy Safety Directive and EN 71. |
|
Entrapment, Injuries |
2 |
The product has accessible openings and accessible holes, in which children can become trapped or suffer injuries. It does not comply with the Toy Safety Directive and EN 71-8. |
|
1 |
Play frame with slide and swings The toy has partially closed openings and accessible holes (between the seat and the backrest of the face-to-face swing), in which children can become trapped or suffer injuries. It does not comply with the requirements of the Toy Safety Directive and EN 71-8. |
|
|
1 |
Foldable sunbed Due to the sunbed folding mechanism, the user´s fingers can get trapped between the seat and the folding mechanism. This can also lead to injuries and even amputation of one or more fingers. It does not comply with the requirements of the General Product Safety Directive and EN 581-1 |
|
|
Entrapment, Injuries, Strangulation, Suffocation |
1 |
Baby nest If the head of the baby is placed in the wrong direction, it may get trapped in the gap opening. Because of horizontal gaps, the bumper part may cover the baby's mouth and nose causing suffocation. The product has long cords that can cause injuries and strangulation. Furthermore, the product is not accompanied by and purchase information, warnings, nor instructions for use. It does not comply with the General Product Safety Directive and EN 16890, EN 16780 and EN 16781. |
|
Injuries, Strangulation, Suffocation |
1 |
Baby nest The cords could potentially trap the child’s toes, possibly leading to injuries. The child’s nose and mouth could become stuck in the horizontal gaps between the mattress and the side of the nest, leading to a risk of suffocation. The presence of openings at the junction of the sides of the baby nest, at the end, could trap the child’s head, leading to a risk of strangulation. It does not meet the General Product Safety Directive and EN 16890. |
|
Injuries |
4 |
Children's bed The construction of the children bed is not stable enough and during normal play (when jumping) of the child. It does not comply with the General Product Safety Directive and with EN 1725. |
|
3 |
Magnetic toy The product can easily break into small parts, containing magnets with high magnetic flux. It does not comply with the Toy Safety Directive and EN 71-1. |
|
|
1 |
Toy scooter Some parts of the product (the metal latch and the steering tube) don't lock properly. Additionally, the handlebars may easily detach. As a consequence, a child might fall or body parts may become trapped. It does not comply with the Toy Safety Directive and EN 71-1 |
|
|
1 |
Toy scooter There are accessible gaps between moving parts of the scooter. It does not comply with the Toy Safety Directive and EN 71-1. |
|
|
Suffocation |
1 |
Sleep bag The neck opening is too large in relation to the child’s height/age. It does not comply with the General Product Safety Directive and EN 16781. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 7 alerts regarding Food Contact Materials related to children's tableware were reported from June 2021 to July 2021.
|
Product |
Substance / Hazard |
|
|
Tableware |
Unauthorised use of bamboo in Tableware made from a mix of bamboo fibres and melamine/ polyamide from China. |
|
|
Tableware set for children |
Unauthorised use of bamboo in tableware set for children. |
|
|
Bamboo lunchbox and travel mug |
|
|
|
Lunch box |
Tributyl citrate (CAS No. 77-94-1) was detected. Specific migration of tributyl citrate using 95% v/v ethanol as simulant after 2 days at 20 oC (GC-FID): 17.3 mg/kg. Tributyl citrate is not included in the Union list of authorised substances set out in Annex I of Reg. (EU) 10/2011, which can be intentionally used in the manufacture of plastic materials and articles intended to come into contact with food. |
|
|
Tableware set for children |
Migration of melamine and formaldehyde from tableware set for children from China. |
|
|
Lunch box |
Food Contact Material Lunch box natural M P18 containing 57% polypropylene and 43% bioingredient (rice husk) - due to the presence of rice hulls in the composition, the product does not comply with the Commission Regulation (EC) No. 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food. |
|
|
Lunch box |
Suspicion of unauthorised use of bamboo in lunch boxes offered online for sale. |
|
US
From 21 June 2021 to 20 July 2021, CPSC (Consumer Product Safety Commission) published the following recalls: 2 recalls regarding Childcare and children’s products
|
Hazard |
Number of alerts |
Notes |
|
Fall |
1 |
Adapters included with stroller: The adapters can detach. |
|
Choking |
1 |
Baby rattle Sets: The feet on rattle can detach. |
IRELAND
UK furniture flammability requirements not valid for Irish market
Recently, the Irish Government Department for Enterprise, Trade and Employment published that upholstered furniture sold in Ireland must meet the requirements of the Irish Fire Safety Regulations:
- No 316/1995 Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1995
- Irish Standard IS 419:2011 (both instruments collectively known as the Furniture Fire Regulations)
The UK Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended) is no longer recognised in the Irish market, as the UK is no longer a member state of the European Union.
There are some similarities between the UK FFFSR and S.I. No. 316/1995, many of the requirements are the same in terms of the physical testing, but your technical documentation should refer to the Irish Regulations.
Irish authorities and furniture industry entities are working to clarify some areas of the legislation requirements, but there is no timeline with an availability date.
For more information, consult the Irish Government Department for Enterprise, Trade and Employment website here.
US
New ignition source for flammability test of mattress and mattress pads
On 23 June 2021, the Consumer Product Safety Commission (CPSC) issued the final rule to amend its Standard for the Flammability of Mattresses and Mattress Pads (16 CFR Part 1632).
The aim of this amendment is to change the ignition source of its performance flammability test from Standard Reference Material cigarette SRM 1196 to new Standard Reference Material cigarette SRM 1196a, as the supply of SRM 1196 is depleted and it can no longer be purchased more.
The Standard Reference Material cigarette SRM 1196a was developed by the National Institute of Standards and Technology.
The amended rule became effective from 23rd July 2021.
For more information, consult the Federal Register website here.
CPSC requirements for upholstered furniture flammability
Following the article published in the May Eurofins bulletin, the US Consumer Product Safety Commission’s (CPSC) new mandatory federal flammability standard for upholstered furniture went into effect on 25 June 2021. CPSC’s standard adopts the State of California’s furniture flammability standard, TB-117-2013, which addresses smouldering fires.
It applies to upholstered furniture with an upholstered seat, back or arm that is meant for indoor use in a home or other places of assembly or public accommodation. Futons, cushions and pads used on outdoor furniture, certain durable infant and toddler products and products prescribed by a healthcare professional are excluded from this standard.
Upholstered furniture will be required to have a permanent label, stating: “Complies with U.S. CPSC requirements for upholstered furniture flammability.”
CPSC will enforce the new federal label requirement beginning on June 25, 2022.
For more on the new standard, see CPSC’s frequently asked questions (FAQ’s).
CANADA
New requirements for wood products
On 17 July 2021, the Government of Canada published the Formaldehyde Emissions from Composite Wood Products Regulations: SOR/2021-148.
It will prohibit the import or sale of composite wood products used for interior applications that emit formaldehyde and contribute to the formaldehyde concentration in indoor air above established limits. It will come into force on 7th January 2023. The aims of the Regulations are:
- Reducing potential risks to the health of Canadians from exposure to formaldehyde by putting in place limits on allowable formaldehyde emissions from composite wood products.
- Aligning Canadian requirements for composite wood products with similar requirements in the U.S.
Below is a summarised table with the main points:
|
Formaldehyde Emissions from Composite Wood Products Regulations: SOR/2021-148 |
|||||||
|
Methods (reference and title) |
ASTM D6007 |
Standard Test Method for Determining Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale Chamber. ASTM D6007 |
|||||
|
ASTM E1333 |
Standard Test Method for Determining Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large Chamber. |
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|
Scope of composite wood and requirements |
|||||||
|
Composite Wood Panels and Laminated Products |
Composite Wood Panel Made with a No-added-formaldehyde Resin |
Composite Wood Panel or Laminated Product Made with an Ultra-low-emitting-formaldehyde Resin |
|||||
|
For hardwood plywood |
0.05 ppm |
0.05 pp
|
for hardwood playwood or a laminated product |
0.05 ppm |
|||
|
For particleboard |
0.09 ppm |
0.06 ppm
|
0.08 ppm |
||||
|
For medium-density fibreboard |
0.11 ppm
|
0.06 ppm |
0.09 ppm |
||||
|
For thin medium-density fibreboard |
0.13 ppm
|
0.06 ppm |
0.11 ppm |
||||
|
For a laminated product |
0.05 ppm |
N.A. |
N.A. |
||||
|
For all types of composite wood panels |
N.A. |
0.04 ppm for 90% of the results of the 13 tests referred to in subsection (2) and performed in accordance with subsection 8(1). |
N.A. |
||||
|
For the following types of composite wood panels and laminated products for 90% of the results of the 26 tests referred to in subsection (2) and performed in accordance with subsection 8(1):
|
N.A. |
N.A. |
i) for particleboard, 0.05 ppm, ii) for medium-density fibreboard, 0.06 ppm, and iii) for thin medium-density fibreboard, 0.08 ppm. |
||||
The selection, testing and verification must be performed 4 times annually.
Manufacturers or importers of laminated products and wood panels must ensure that a label that includes the information indicated in this legislation is affixed to products, component parts and finished goods, or their packaging.
Below you will find a quarterly summary of product recalls and alerts in Europe (Source “RAPEX”) and in the US (Source “CPSC”)
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 4 alerts regarding furniture were reported, between week 18 and week 29 of 2021.
|
Type of risk |
Number of alertse |
Notes |
|
Injuries |
4 |
Children's bed The construction of the children bed is not stable enough and during normal play (when jumping) of the child, it may break and lead to injury. It does not comply with the General Product Safety Directive and with EN 1725. |
US
Between 21 May and 20 July 2021, the CPSC (Consumer Product Safety Commission) published the following recalls: 2 recalls furniture
|
Type of risk |
Number of alerts |
Notes |
|
Death or injuries |
1 |
Drawer Chests: They are unstable if they are not anchored to the wall, posing tip-over and entrapment hazards. They do not comply with the performance requirements of the voluntary industry standard ASTM F2057-19. |
|
1 |
Drawer Chests: They are unstable if they are not anchored to the wall, posing tip-over and entrapment hazards. They do not comply with the performance requirements of the voluntary industry standard ASTM F2057-14. |