Toys & Hardlines regulatory updates 06-2022
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 10 June 2022, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of 1 new substance, the current list of SVHCs now contains 224 substances.
The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive).
Technical publications regarding Circular Economy
The latest publications by several entities related to consumer products and circular economy.
Updates to national toys legislations
The latest publications by several entities related to toys.
Miscellaneous technical publications relating consumer products
The latest publications in relation to food contact materials, DIY equipment, among others are summarised in the following table.
Extended Producer Responsibility and Eco-organization in France
From 1 January 2022, the principle of Extended Producer Responsibility (EPR) applies to the sector of toys, outdoor games, DIY and garden products, sports and leisure items, which must be in accordance with the AGEC law.
Sorting information and Triman signage for furniture
From 1 January 2022, any person who manufactures, imports or introduces household products subject to Extended Marketer Responsibility (REP) on the French market must provide info–tri information (Logo Triman + sorting information) for these products.
Proposed updates to lists of standards for businesses
On 6 June 2022, The British Department for Business, Energy & Industrial Strategy issued a notice of proposal to publish 0053/22 with references to standards in support of The General Product Safety Regulations 2005 (S.I. 2005/1803).
New updates for regulatory framework and transitional arrangements
On 20 June 2022, the guidance related to placing manufactured goods and UK conformity assessment were updated.
Update on OPSS Enforcement Policy
On 30 June 2022, the UK Government Office for Product Safety and Standards (OPSS) released its latest enforcement policy guidelines. The updated enforcement policy is broadly consistent with changes made within European Union Member States as a result of EU Regulation 2019/2161 which entered into force on 28 May 2022.
Colorado Approves New PFAS Law
Colorado has recently passed Bill HB 22-1345 to ban intentionally added PFAS in various consumer products. The new law also includes a labeling requirement for cookware containing PFAS substances. Please see Table 1 for the different requirements and effective dates
FDA Amends Food Additive Regulations
On 20 May 2022, the Food and Drug Administration (FDA) published a Final Rule in the Federal Register to no longer provide for the use of 25 plasticisers in various food contact applications because these uses have been abandoned. The FDA revoked authorisations for the food contact use of 23 phthalates and 2 other substances used as plasticisers, adhesives, defoaming agents, surface lubricants, resins, and slimicides. This action will result in limiting the use of phthalates in food contact applications to 9 phthalates (8 authorised for use as plasticizers and 1 authorized for use as a monomer).
FTC Hits Retailers with Large Civil Penalty for Bamboo Marketing and Deceptive Environmental Claims
The Federal Trade Commission (FTC) has recently announced that they will take action against two large national retailers for falsely marketing rayon textile products as bamboo and making deceptive environmental claims that the “bamboo” textiles were made using ecofriendly processes. The proposed settlement orders would require the companies to stop making false bamboo marketing claims, stop making unsubstantiated green marketing claims, and pay civil penalties totaling $5.5 million dollars.
BIFMA Introduces New Standard ANSI/BIFMA X6.5 2022
The American National Standards Institute (ANSI) has recently approved the new safety and performance standard: ANSI/BIFMA X6.5-2022 Home Office and Occasional-Use Desk, Table and Storage Products. The new standard is a revision of ANSI/SOHO S6.5-2008(R2013) and emphasises the stability, leg strength, and height adjustable desk/table surfaces tests.
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 settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.
India to Ban Single Use Plastic
India’s Ministry of Environment, Forest & Climate Change has issued notification No G.S.R. 571 (E) dated August 12th, 2021 to ban the manufacture, import, stocking, distribution, sale and use of identified single use plastic (SUP) items with effect from 1 July 2022. The following SUPs will be banned.
Vietnam Introduces New Extended Producer Responsibility Regime
Vietnam has recently issued Decree No. 08/2022/ND-CP, introducing a new extended producer responsibility (EPR) regime that requires producers and importers to manage waste associated with their products and packaging. The new Decree has a variety of significant measures.
Thailand Updates Toy Safety Standard
Thailand’s Ministry of Industry has recently published a Ministerial Regulation to update the toy safety standard. Effective 22 September 2022, TIS 685-1:2562 (2019) will replace TIS 685 (1997), the previous version of the toy safety standard. The revised standard prohibits certain materials and includes new labeling and testing requirements, which will be applicable to toys (including components and accessories) intended for children under 14 years old. Please see Table 1 and 2 for a summary of TIS 685-1:2562 (2019)’s new chemical requirements.
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
UK
OPSS issues Product Safety Alerts on the UK market. The following 5 alerts regarding toys and childcare products were reported between week 21 and week 24 of 2022.
