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Media Centre >> News >> Regulatory updates 06-2024

Consumer Products | Monthly bulletin | June 2024

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Eurofins newsflash Consumer Products

 

Chemical  |  Cosmetics & Personal Care  |  Softlines & Leather  | 
Toys, Childcare & Hardlines  |  Personal Protective Equipment

 

 

Chemical


 

Europe

 

Adoption of restriction on Cyclosiloxanes

 

On the 17th of May 2024, the European Commission published the following regulation, amending REACH Annex XVII:

 

Commission Regulation (EU) 2024/1328 of 16 May 2024 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6).

 

The main change is the replacement of text of Entry 70 in Annex XVII of Regulation (EC) Nº 1097/2006 (REACH) related to siloxanes D4, D5 and D6 by text indicate in this amendment. D4, D5, and D6 are used in cosmetics, dry cleaning, waxes and washing and cleaning products.

 

To refer the full restriction, please consult the official publication in European Commission website here.

 

Recent publications on REACH Regulation

 

The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:

 

Summary of the most recent updates

Date

Subject

Link

24/04/2024

Publication of European Chemical Agency(ECHA)  Annual Report 2023

This report provides a comprehensive account of the activities carried out by ECHA during 2023. It also represents a fair overview of the evolution of ECHA’s budget, staffing, management, and its internal management system strategy and framework.

In addition, the ECHA Annual Report 2023 Executive Summary was published too.

For more information, consult the ECHA’s website here.

24/04/2024

Drinking Water Directive (DWD)

This introduces minimum requirements for materials that are in contact with water meant for human consumption throughout the EU.

For more information, consult the ECHA’s website here.

26/04/2024

Guiding criteria for essential uses of the most harmful chemicals.

The European Commission has defined guiding principles on limiting the most harmful chemicals to essential use.

With this concept, the Commission aims to achieve higher regulatory efficiency and predictability for authorities, investors and industry for a faster phase-out of the most harmful substances in non-essential use.

For more information, consult European Commission website  here.

07/05/2024

Publication of joint framework for action of the One Health agenda in the European Union (EU).

A cross-agency task force of five EU agencies will work on implementing the joint framework for action over the next three years (2024-2026), focusing on five strategic objectives: strategic coordination, research coordination, capacity building, stakeholder engagement, and joint inter-agency activities.

For more information, consult the ECHA’s website here.

07/05/2024

Publication of 2023 Report of National and ECHA Helpdesks Activities.

For more information, consult the ECHA’s website here.

07/05/2024

A new IT tools user group has been created to help develop tools that industry and authorities will use under the EU’s Drinking Water Directive.

For more information, consult the ECHA’s website here.

08/05/2024

Proposal to broaden chromium (VI) restriction.

The ECHA has received an updated mandate from the Commission to prepare a proposal for a possible restriction on chromium (VI) substances. In addition, ECHA has been requested to consider for the restriction proposal other chromium (VI) substances not listed on the Authorisation List.

For more information, consult the ECHA’s website here.

 

Other interesting resources on REACH on the ECHA’s website

 

 

Recent publications regarding CLP Regulation

 

The following table provides a non-exhaustive summary of some recent updates regarding CLP Regulation (EC) No 1272/2008:

 

Summary of the most recent updates

Date

Subject

Link

29/04/2024

New CLP hazard classes will be included in IUCLID

The new hazard classes for classifying, labelling and packaging substances and mixtures were included in the IUCLID software

These are:

  • Endocrine disruptors (ED) for human health or the environment;
  • Persistent, bioaccumulative and toxic (PBT); very persistent and very bioaccumulative (vPvB); and
  • Persistent, mobile and toxic (PMT); very persistent and very mobile (vPvM).

For more information, consult the ECHA’s website here.

 

Other interesting resources on CLP on the ECHA’s website

 

 

Technical publications related to household products

 

The below table outlines recent publications related to household products:

Date Entity Publication

24/04/2024

ANSES (French National Health Security Agency for food, environment and work)

Leave household products in their original containers!

ANSES is reiterating the precautions that consumers should take concerning household products to protect themselves and others on a daily basis.

24/04/2024

ANSES (French National Health Security Agency for food, environment and work)

What are the most common causes of serious cases of accidental poisoning in children?

Cleaning products, medicines, heating appliances, and button batteries are part of our daily lives but can be sources of injury for our children. Since these accidents are avoidable, it is essential to raise awareness among those around children about these risks and good practices to prevent them.

 

Methodology to measure microplastics in water

 

On the 21st of May 2024, the European Commission published the following delegated decision, adopting methodology to measure microplastics in water intended for human consumption:

 

Commission Delegated Decision (EU) 2024/1441 of 11 March 2024 supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by laying down a methodology to measure microplastics in water intended for human consumption.

 

For more information on this methodology, please consult the official publication in European Commission website here.

 

Switzerland

 

Bans PFHxS for production and use

 

On the 18th of March 2024, the Swiss authorities published RO 2024 113 on Decision no. SC-10/13 of the Conference of the Parties on the inclusion of perfluorohexanesulfonic acid (PFHxS), its salts and related compounds.

 

These compounds were added to the list of substances for elimination under Part I of Appendix A in the nation’s POP Convention.

 

Perfluorohexanesulfonic acid (PFHxS), its salts and related compounds have been prohibited (with no derogations) for production and use since 16 November 2023.

 

For more information, please consult the official publication in Swiss Fedlex website (French, Italian and German version)

 

UK

 

Chemicals legislation reform

 

On the 10th of May 2024, the UK Department for Business & Trade published a policy paper, “Smarter regulation to grow the economy”.

 

This publication indicates how the regulation framework will be reformed to help drive economic growth and sets out the government’s commitment to reforming the existing stock of regulation.

 

In terms of chemical legislation, Health and Safety Executive (HSE) is exploring opportunities to use powers in the Retained EU Law (Revocation and Reform) Act 2023 to reform its chemicals supply regulations:

 

  • GB Classification, Labelling and Packaging of substances and mixtures (GB CLP)
  • GB Biocidal Products Regulation (GB BPR)
  • GB Prior Informed Consent for the export and import of certain hazardous chemicals (GB PIC)

The powers in the Retained EU Law (Revocation and Reform) Act 2023 expire in June 2026, so any changes need to be made before then.

 

US

 

Maine Prohibits PFAS in Food Packaging

 

On the 25th of May 2024, the State of Maine updated Chapter 80: Reduction of Toxics in Packaging to prohibit intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the following nine types of food packaging made of paper, paperboard, or other materials originally derived from plant fibres and which are intended for short-term storage or to hold freshly prepared food:

 

  • Bags and sleeves
  • Bowls
  • Closed containers
  • Flat serviceware
  • Food boats
  • Open-top containers
  • Pizza boxes
  • Plates
  • Wraps and liners

The prohibition does not apply to a manufacturer of a food or beverage product that is contained in a food package or to which a food package is applied if that manufacturer has less than $1,000,000,000 of total annual national sales of food and beverage products.

 

The Final Rule became effective immediately on May 25, 2024.

 

Colorado Amends PFAS Law

 

On the 1st of May 2024, the State of Colorado approved SB 24-081 amending HB 22-1345 that regulates perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products. The new amendment includes the following changes to HB 22-1345:

 

  • Adds new terms and definitions of products
  • Prohibits intentionally added PFAS in cookware on January 1, 2026 and repeals the disclosure requirement for cookware on January 1, 2026
  • Prohibits outdoor apparel for severe wet conditions on January 1, 2028 and repeals the labelling requirement for outdoor apparel for severe wet conditions on January 1, 2028.

Please see Table 1 below for an updated summary of Colorado’s PFAS regulation.

 

Table 1:

 

Scope Requirement Effective Date

Carpets/rugs

Intentionally added PFAS prohibited

1 January 2024

Fabric treatments

Food packaging

Juvenile products

Oil and gas products

Cookware handle and food contact surface

Label the presence of intentionally added PFAS chemicals with the statement "FOR MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT" followed by an internet website that provides information on why PFAS was intentionally added and a QR code.

1 January 2024 (will be repealed 1 January 2026)

Cookware

Shall not make a claim on the package that the cookware is free of any PFAS chemicals unless no individual PFAS are intentionally added.

1 January 2024 (will be repealed 1 January 2026)

Cosmetics

Intentionally added PFAS prohibited.

1 January 2025

Indoor textile furnishings

Indoor upholstered furniture

Outdoor apparel for severe wet conditions

Intentionally added PFAS prohibited, unless labelled “Made with PFAS Chemicals”.

1 January 2025 (will be repealed 1 January 2028)

Cleaning products (except floor maintenance products used in hospital or medical settings)

Intentionally added PFAS prohibited.

1 January 2026

Cookware

Dental floss

Menstruation products

Ski wax

Artificial turfs

Intentionally added PFAS prohibited from installation on state property.

1 January 2026

Outdoor textile furnishings

Intentionally added PFAS prohibited.

1 January 2027

Outdoor upholstered furniture

Floor maintenance products used in hospital or medical settings

Intentionally added PFAS prohibited.

1 January 2028

Textile articles

Outdoor apparel for severe wet conditions

Commercial Food contact equipment

 

Maryland regulates PFAS in playground surface materials

 

On the 15th of May 15 2024, the State of Maryland signed HB 1147 into law to regulate lead and PFAS chemicals in playground surface materials. Effective October 1, 2024, a person may not use, install, supply, sell, solicit or offer for sale a state playground surfacing material that contains (1) more than 90 ppm of lead or (2) a component product, material, or substance to which PFAS chemicals were previously intentionally added in the formation of that component where the continued presence of the PFAS chemicals was desired in the component to provide a specific characteristic.

 

“Playground” is defined as a public outdoor recreation area for children equipped with one or more play structures.

 

“Playground surfacing materials” is defined as products, materials, or substances used or installed on the ground surface of a playground that comes into direct contact with a person.

 

US EPA restricts additional methylene chloride uses

 

On the 8th of May 8 2024, the US Environmental Protection Agency (EPA) published a Final Rule in the Federal Register to expand the restriction of methylene chloride uses. The new rule will amend 40 CFR 751 to:

 

  • Prohibit the manufacture, processing, and distribution of methylene chloride for all consumer use, as outlined in Unit IV.C.
  • Prohibit most industrial and commercial use of methylene chloride and delay prohibition for two conditions of use, as outlined in Unit IV.C.;
  • Require a workplace chemical protection programme (WCPP), including inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls, for 13 conditions of use of methylene chloride (including manufacture; processing; several industrial and commercial uses such as laboratory use; and disposal), as outlined in Unit IV.B.;
  • Identify a de minimis threshold for products containing methylene chloride for the prohibitions and restrictions on methylene chloride, as outlined in Unit IV.A.;
  • Require recordkeeping and downstream notification requirements for manufacturing, processing, and distribution in commerce of methylene chloride, as outlined in Unit IV.E.; and
  • Provide a 10-year time-limited exemption under TSCA section 6(g) for emergency use of methylene chloride in furtherance of the National Aeronautics and Space Administration’s mission for specific conditions which are critical or essential and for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure, as outlined in Unit IV.F., with conditions for this exemption to include compliance with the WCPP described in Unit IV.B.

Please see Table 1 below for the timeline of prohibitions:

 

Requirement Effective Date

All persons are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products, to retailers for any use.

3 February 2025

All retailers are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products, for any use.

5 May 2025

All persons are prohibited from manufacturing (including import) methylene chloride.

5 May 2025

All persons are prohibited from processing methylene chloride, including any methylene chloride-containing products.

1 August 2025

All persons are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products.

28 January 2026

All persons are prohibited from industrial or commercial use of methylene chloride, including any methylene chloride containing products.

28 April 2026

 

Sustainability, circular economy and environment

 

Miscellaneous technical publications relating to environmental, plastics, packaging and waste

 

The below table summarises the most recent publications regarding the environment, circular economy, and sustainability (non-exhaustive):

 

Entity Date Publication

European Council

29/04/2024

Council adopts directive to delay reporting obligations for certain sectors and third country companies.

The directive amends the Corporate Sustainability Reporting Directive (CSRD) to give the companies concerned more time to apply European Sustainability Reporting Standards (ESRS).

European Commission

30/04/2024

Public initiative: Waste shipments – information to be included in certificates on subsequent (non-)interim recovery & disposal operations.

The draft act has been published and was in feedback period until 28th May 2024.

European Commission

06/05/2024

Public initiative: EU environmental law – 2025 implementation review

This initiative is in preparation. The main points are:

  • Identifies the main implementation gaps in EU countries and addresses their root causes;
  • Proposes solutions, provides technical assistance and facilitates the exchange of good practices;
  • Raises awareness and makes it easier for everyone involved to find information on implementing these policies..

European Commission

07/05/2024

Public initiative:  Calculation and verification methodology of rates for recycling efficiency and recovery of materials of waste batteries

This initiative is in preparation and the aim is to support the circular economy in the battery sector and ensure high quality of recovery of materials, especially of critical and strategic raw materials. The calculation and verification methodology is important to ensure a level playing field between recyclers and provide legal certainty on requirements within the EU.

UK Department for Environment, Food and Rural Affairs

14/05/2024

The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024 (S.I. 2024 No. 639)

UK Department for Environment, Food and Rural Affairs

20/05/2024

The Separation of Waste (England) Regulations 2024 (S.I. 2024 No. 666)

These regulations set out descriptions of the household waste and the relevant waste that is classed as recyclable household waste and recyclable relevant waste under the Environmental Protection Act 1990 (c. 43) (“the 1990 Act”).

These regulations also specify descriptions of premises which are to be considered non-domestic.

Regulation 13 places duties on establishments and undertakings, and waste collection authorities, in relation to the collection of waste, which are no longer necessary under the new requirements.

European Council

21/05/2024

Artificial intelligence (AI) act: Council gives final green light to the first worldwide rules on AI.

 

 

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Cosmetics & Personal Care


 

EU tightens retinol rules: Eurofins C&PC guides you through the changes!

 

Today, retinol is widely used in the skin care industry. It is recognised for its anti-aging, anti-acne and cell renewal properties.

 

The European Commission Regulation (EU) 2024/996, adopted on the 3rd of April, 2024, introduces new measures for the marketing and use of retinol in cosmetic products in the European Union. This regulation aims to reinforce consumer safety by imposing specific restrictions and labelling requirements for products containing retinol.

 

One of the key points of the regulation is the limitation of maximum retinol concentrations. In fact, a new retinol threshold of 0.05% has been set in body lotions, while the limit in all other types of cosmetic products will be 0.3%. A gradual timeline has been put in place with the 1st of November 2025, being the deadline for placing a new product on the market and the 1st of May 2027 being the deadline for the withdrawal of non-compliant products.

 

As a result, companies in the cosmetics industry must adapt their formulations and labelling to comply with the new regulations.

 

Eurofins Cosmetics & Personal Care is committed to guiding and supporting you through these regulatory changes. We are here to offer you personalised support in the analysis of your formulas containing retinol.

 

Navigating the AGEC 2024 compostability requirements with Eurofins C&PC

 

As governments around the world step up their efforts to promote sustainability, it's crucial to understand and comply with regulations such as the 2024 compostability requirements of the Anti-Waste Law for a Circular Economy (AGEC).

 

This year, the AGEC introduced new “compostability” requirements aimed at reducing the environmental impact of waste. These new rules require households to separate organic “bio-waste” (i.e., food waste such as bark, skins, food scraps, expired food... and green garden waste such as grass clippings and dead leaves) from other waste and deposit it in designated compost bins. With home composting becoming the norm, companies are turning to the emerging compostable packaging market. However, according to these regulations, any packaging material claiming to be compostable must meet specific scientific criteria before making this claim.

 

Standard NF T81-500

 

The NF T81-500 standard defines the compostability criteria for plastic products specifically for home composting. This standard is used to assess the ability of plastics to biodegrade and be transformed into quality compost when subjected to home composting conditions.

 

As such, it plays a crucial role in the transition to a circular economy by encouraging the adoption of compostable plastic products. It helps align industrial practices with the objectives of reducing waste and promoting sustainable practices, in line with the AGEC guidelines.

 

Eurofins Cosmetics & Personal Care is here to help you meet the AGEC's standards for compostable packaging. From testing (to NF T81-500) to certification, we ensure that your products meet environmental mandates. We provide the assurance you need to successfully navigate complex regulatory principles. By embracing sustainability and prioritising environmental responsibility, you can position yourself for long-term success in an increasingly environmentally conscious world.

 

Promoting Ethical Alternatives & Product Safety: Washington State Bans Animal-Tested Cosmetics

 

On the 25th of March 2024, Washington State enacted HB 1097, banning the sale of newly animal-tested cosmetics effective the 1st of January 2025.

 

Derogations are provided for tests carried out abroad at the request of a regulatory authority; for products subject to U.S. federal regulations (21 U.S.C. Sec. 351 of the FD&C Act) concerning adulterated or altered products; and for cosmetic ingredients intended for a non-cosmetic product.

 

Exemptions are also provided for:

 

  • Cosmetic products or ingredients tested on animals before the 1st of January 2025
  • Cosmetics manufacturers who examine, evaluate or retain the results of animal testing on a cosmetic product. 

These laws aim to stop animal testing for cosmetics and promote ethical alternatives to ensure product safety. While currently enacted at the state level, there is a push for federal legislation in the USA. This could influence China's cosmetics industry, where animal testing remains common for imported products.

 

The move towards banning cosmetic animal testing is gaining international momentum. Other US states are likely to follow Washington's lead, joining the dozen that have already banned animal testing.

 

Currently, 44 countries have enacted bans on animal testing for cosmetics. Since March 2013, the EU has led by example with a ban on cosmetics containing ingredients tested on animals, setting a precedent for ethical standards and alternative testing methods. The European Parliament is also aiming for a global ban, having passed a resolution in 2018 calling for a worldwide ban on animal testing in cosmetic products. 

 

Since the beginning, Eurofins Cosmetics & Personal Care has been offering in vitro and ex vivo tests through its laboratory network worldwide to assess the safety and efficacy of finished products and ingredients, such as:

 

  • Vegan alternatives for many of our in vitro protocols;
  • Contribution to the implementation of OECD methods for endocrine disruptors;
  • Numerous customised ex vivo protocols for very specific requirements (e.g., wound healing);

Our expert team is prepared to help you select the optimal tests for your cosmetic projects. We emphasise quick compliance with regulatory standards, ensuring a smooth development process for your initiatives.

 

 

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Softlines & Leather


 

France

 

Ecobalyse: Environmental impact calculator for textiles

 

The Ministry of Ecological Transition and Territorial Cohesion has unveiled its Ecobalyse project.

 

Ecobalyse is an assessment tool that enables you to quickly estimate the environmental impact of a product based on a few simple criteria: weight, composition, place of assembly, etc.

 

The aim is to use this information to display environmental metrics that will allow consumers to transparently assess the environmental impact of each product they choose, subsequently encouraging more informed choices.

 

This system is also aimed at producers and distributors in order to encourage and promote their eco-design efforts.

 

Its deployment online and in stores for textiles products is planned for this autumn.

 

Denmark

 

Danish ban on PFAS in clothing and shoes

 

One of the biggest sources of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the environment in Denmark is clothing, shoes and waterproofing agents. Therefore, the government wants to introduce a national ban on PFAS in these consumer goods.

 

The national ban on PFAS in clothing, shoes and waterproofing agents will apply until the expected EU ban comes into effect.

 

The key takeaways of this ban are:

 

  • PFAS in professional clothing and safety clothing will not be subject to the ban.
  • The ban targets the sale and import of clothing, shoes and waterproofing agents to consumers.
  • The ban will be implemented in practice by setting limit values that ensure that PFAS cannot be deliberately used in clothing, shoes and impregnation.
  • It will still be possible to use clothes, shoes and impregnation spray that you have bought before the ban comes into force.
  • The proposal will not include reuse and recycling.

The executive order on the ban is expected to be ready on 1 July 2025. The government proposes to give business a transition period of one year, meaning the ban would apply from 1 July 2026.

 

For more information, please consult the Danish Ministry of the Environment website here.

 

Saudi Arabia

 

New requirements and procedures for textiles

 

On 10 July 2024, the latest Technical Regulations for Textile Products will come into effect for Saudi Arabia, 180 days after the date of publication in the Official Gazette in January 2024.

 

The textile products must comply with the conformity assessment procedures to ensure the products meet the standards required for entry into the market of the Kingdom of Saudi Arabia.

 

The main changes are:

 

  • Update of list of covered products and their corresponding customs coding included in Appendix 1-B.
  • Added a category for underwear to the scope.
  • Exemptions:
    • Products designed for medical purposes or medical claims.
    • Footwear subject to the technical regulation of shoes and accessories.
  • Updated language labelling requirement: only in Arabic, with the option of an additional language alongside.
  • Removed:
    • Appendix 2: Tables of Limit Values for Permissible Chemicals in Textile Products
    • Appendix 8: Azo-Dyes - List of Aromatic Amines
    • Appendix 9: Carcinogenic Dyes
  • Revisions to the standards and test methods used to determine the content of potentially harmful chemicals in textile products (Annex 1)
  • Modifications made to the conformity assessment procedures
  • Updated list of standards

For more information, please consult the official publication here.

 

US

 

Colorado Amends PFAS Law

 

On May 1, 2024, the State of Colorado approved SB 24-081 to amend HB 22-1345 that regulates perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products. The new amendment includes the following changes to HB 22-1345:

 

  • Adds new terms and definitions of products
  • Prohibits intentionally added PFAS in cookware on January 1, 2026 and repeals the disclosure requirement for cookware on January 1, 2026
  • Prohibits outdoor apparel for severe wet conditions on January 1, 2028 and repeals the labeling requirement for outdoor apparel for severe wet conditions on January 1, 2028.

 

Please see Table 1 below for an updated summary of Colorado’s PFAS regulation.

 

Table 1:

 

Scope Requirement Effective Date

Carpets/rugs

Intentionally added PFAS prohibited.

1 January 2024

Fabric treatments

Food packaging

Juvenile products

Oil and gas products

Cookware handle and food contact surface

Label the presence of intentionally added PFAS chemicals with the statement "FOR MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT" followed by an internet website that provides information on why PFAS was intentionally added and a QR code.

1 January 2024 (will be repealed 1 January 2026)

Cookware

Shall not make a claim on the package that the cookware is free of any PFAS chemicals unless no individual PFAS is intentionally added.

1 January 2024 (will be repealed 1 January 2026)

Cosmetics

Intentionally added PFAS prohibited.

1 January 2025

Indoor textile furnishings

Indoor upholstered furniture

Outdoor apparel for severe wet conditions

Intentionally added PFAS prohibited, unless labeled “Made with PFAS Chemicals”.

1 January 2025 (will be repealed 1 January 2028)

Cleaning products (except floor maintenance products used in hospital or medical settings)

Intentionally added PFAS prohibited.

1 January 2026

Cookware

Dental floss

Menstruation products

Ski wax

Artificial turfs

Intentionally added PFAS prohibited from installation on state property.

1 January 2026

Outdoor textile furnishings

Intentionally added PFAS prohibited.

1 January 2027

Outdoor upholstered furniture

Floor maintenance products used in hospital or medical settings

Intentionally added PFAS prohibited.

1 January 2028

Textile articles

Outdoor apparel for severe wet conditions

Commercial Food contact equipment

 

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Toys, Childcare & Hardlines


 

Europe

 

The Council gives support to updating toy safety rules

 

On the 15th of May 2024, the Council of the European Union published its support for the interinstitutional file (2023/0290(COD)), which is a European Commission proposal for the safety of toys and a repeal of Directive 2009/48/EC.

 

The general objective of the proposal is to safeguard from harmful chemicals and strengthen the enforcement rules via a new digital product passport.

 

Furthermore, the Council introduces several improvements to clarify the obligations of economic operators and online marketplaces.

 

Negotiations with the European Parliament will start as soon as the new Parliament adopts its position.

 

New rules to enhance product sustainability

 

In May 2024, the legislative act related to ecodesign products was adopted. Following the Council's and European Parliament's approval, the regulation will be published in the Official Journal of the European Union and will enter into force on the 20th day following its publication. It will apply from 24 months after the entry into force.

 

Soon, new ecodesign measures will be applied to consumer products such as textiles, furniture and tyres. Regarding clothing and footwear, the destruction of unsold items will be banned and consumers will have accurate and up-to-date information to make purchasing choices via newly-introduced digital product passports.

 

European Commission publications about the quality of water

 

On the 23rd of April 2024, the European Commission published several delegated regulations and implemented decisions regarding the quality of water intended for human consumption. See the title of these recent publications below:

 

Reference Title

C/2024/237

Commission Implementing Decision (EU) 2024/367 as of 23 January 2024, laying down rules for the application of Directive (EU) 2020/2184 of the European Parliament and of the Council by establishing the European positive lists of starting substances, compositions and constituents authorised for use in the manufacture of materials or products that come into contact with water intended for human consumption.

C/2024/238

Commission Implementing Decision (EU) 2024/368 as of 23 January 2024, laying down rules for the application of Directive (EU) 2020/2184 of the European Parliament and of the Council regarding the procedures and methods for testing and accepting final materials as used in products that come into contact with water intended for human consumption.

C/2024/239

Commission Implementing Decision (EU) 2024/365 as of 23 January 2024, laying down rules for the application of Directive (EU) 2020/2184 of the European Parliament and of the Council regarding methodologies for testing and accepting starting substances, compositions and constituents to be included in the European positive lists.

C/2024/240

Commission Delegated Regulation (EU) 2024/369 of 23 January 2024, supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by laying down the procedure regarding inclusion in or removal from the European positive lists of starting substances, compositions and constituents.

C/2024/241

Commission Delegated Regulation (EU) 2024/370 as of 23January 2024, supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by laying down conformity assessment procedures for products that come into contact with water intended for human consumption and the rules for the designation of conformity assessment bodies involved in those procedures.

C/2024/242

Commission Delegated Regulation (EU) 2024/371 as of 23 January 2024 supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by establishing harmonised specifications for the marking of products that come into contact with water intended for human consumption.

 

Italy

 

New CONAI guidelines to the Environmental Contribution 2024

 

The Italian National Packaging Consortium (CONAI) published a full series of specific guidelines for environmental contribution. The guidelines are:

 

Other interesting links related to environmental labelling:

 

 

UK

 

Update to the General Product Safety Regulations

 

On the 18th of April 2024, a notice related to safety standards was announced in support of The General Product Safety Regulations 2005.

 

The list of published standards set out in Annex I to notice 0072/22 is amended in accordance with Annex I to notice 0100/24 from the date of this notice.

 

To view the full list, consult the Guidance Standards: general product safety here.

 

Regulatory proposals notified to WTO

 

The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

 

Notification number Entity Title

G/TBT/N/GBR/85

Department of Environment, Food & Rural Affairs

The Deposit Return Scheme for drinks containers (England and Northern Ireland) Regulations 2024

The objective of this policy is to boost recycling rates of in-scope containers, reduce littering, and provide greater opportunity to collect high quality, uncontaminatedmaterials in greater quantities.

G/TBT/N/GBR/88

Department for Business and Trade

The Product Safety and Metrology etc. (Amendment) (Marking and Labelling) Regulations 2024

Measures to give businesses additional flexibility when labelling their products. The measures are trade-liberalising, giving businesses additional choices  when  meeting  their  labelling  requirements  for  the  GB market.

 

US

 

CPSC approves Safety Standard for Infant and Cradle Swings

 

On the 30th of May 2024, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register a direct final rule for the Safety Standard for Infant and Cradle Swings (16 CFR 1223).  16 CFR 1223 was updated to reference the most recent 2024 version of ASTM F2088 Standard Consumer Safety Specification for Infant and Cradle Swings as being mandatory with no modifications required.

 

ASTM F2088-2024 includes changes to address the strangulation and entrapment hazard to non-occupants associated with tethered straps and cords on swings.

 

The Direct Final Rule will become effective on the 14th of September 2024, unless the CPSC receives a significant adverse comment by the 1st of July 2024.

 

Maine prohibits PFAS in food packaging

 

On the 25th of May 2024, the State of Maine updated Chapter 80: Reduction of Toxics in Packaging to prohibit intentionally added Perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the following 9 types of food packaging made of paper, paperboard or other materials originally derived from plant fibers which are intended for short-term storage or to hold freshly prepared food:

 

  • Bags and sleeves
  • Bowls
  • Closed containers
  • Flat serviceware
  • Food boats
  • Open-top containers
  • Pizza boxes
  • Plates
  • Wraps and liners

The prohibition does not apply to a manufacturer of a food or beverage product that is contained in a food package or to which a food package is applied if that manufacturer has less than $1,000,000,000 of total annual national sales of food and beverage products.

 

The Final Rule became effective on the 25th of May 2024.

 

Colorado amends the PFAS Law

 

On the 1st of May 2024, the State of Colorado approved SB 24-081 to amend HB 22-1345 that regulates perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products.  The new amendment includes the following changes to HB 22-1345:

 

  • Adds new terms and definitions of products
  • Prohibits intentionally added PFAS in cookware on the 1st of January 2026 and repeals the disclosure requirement for cookware on the 1st of January 2026
  • Prohibits outdoor apparel for severe wet conditions on the 1st of January 2028 and repeals the labelling requirement for outdoor apparel for severe wet conditions on 1st of January 2028.

Please see Table 1 below for an updated summary of Colorado’s PFAS regulation.

 

Table 1:

 

Scope Requirement Effective Date

Carpets/rugs

Intentionally added PFAS prohibited

1 January 2024

Fabric treatments

Food packaging

Juvenile products

Oil and gas products

Cookware handle and food contact surface

Label the presence of intentionally added PFAS chemicals with the statement "FOR MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT" followed by an internet website that provides information on why PFAS was intentionally added and a QR code

1 January 2024 (will be repealed 1 January 2026)

Cookware

Shall not make a claim on the package that the cookware is free of any PFAS chemicals unless no individual PFAS is intentionally added

1 January 2024 (will be repealed 1 January 2026)

Cosmetics

Intentionally added PFAS prohibited

1 January 2025

Indoor textile furnishings

Indoor upholstered furniture

Outdoor apparel for severe wet conditions

Intentionally added PFAS prohibited, unless labeled “Made with PFAS Chemicals”

1 January 2025 (will be repealed 1 January 2028)

Cleaning products (except floor maintenance products used in hospital or medical settings)

Intentionally added PFAS prohibited

1 January 2026

Cookware

Dental floss

Menstruation products

Ski wax

Artificial turfs

Intentionally added PFAS prohibited to be installed on state property

1 January 2026

Outdoor textile furnishings

Intentionally added PFAS prohibited

1 January 2027

Outdoor upholstered furniture

Floor maintenance products used in hospital or medical settings

Intentionally added PFAS prohibited

1 January 2028

Textile articles

Outdoor apparel for severe wet conditions

Commercial Food contact equipment

 

Maryland regulates PFAS in playground surface materials

 

On the 15th of May 2024, the State of Maryland signed HB 1147 into law to regulate lead and PFAS chemicals in playground surface materials. Effective the 1st of October 2024, a person may not use, install, supply, sell, solicit or offer for sale a state playground surfacing material that contains (1) more than 90 ppm of lead or (2) a component product, material, or substance to which PFAS chemicals were previously intentionally added in the formation of that component where the continued presence of the PFAS chemicals was desired in the component to provide a specific characteristic.   

 

“Playground” is defined as a public outdoor recreation area for children equipped with one or more play structures.

 

“Playground surfacing materials” are defined as products, materials or substances used or installed on the ground surface of a playground in the state that come into direct contact with a person.

 

US EPA restricts methylene chloride uses

 

On the 8th of May 2024, the US Environmental Protection Agency (EPA) published in the Federal Register a final rule to expand the restriction of methylene chloride uses. The new rule will amend 40 CFR 751 to:

 

  • Prohibit the manufacture, processing and distribution of methylene chloride for all consumer use, as outlined in Unit IV.C.
  • Prohibit most industrial and commercial use of methylene chloride and delay prohibition for two conditions of use, as outlined in Unit IV.C.;
  • Require a workplace chemical protection program (WCPP), including inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls, for 13 conditions of use of methylene chloride (including manufacture; processing; several industrial and commercial uses such as laboratory use; and disposal), as outlined in Unit IV.B.;
  • Identify a de minimis threshold for products containing methylene chloride for the prohibitions and restrictions on methylene chloride, as outlined in Unit IV.A.;
  • Require recordkeeping and downstream notification requirements for manufacturing, processing, and distribution in commerce of methylene chloride, as outlined in Unit IV.E.;
  • Provide a 10-year time-limited exemption under TSCA section 6(g) for emergency use of methylene chloride in furtherance of the National Aeronautics and Space Administration’s mission for specific conditions which are critical or essential and for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure, as outlined in Unit IV.F., with conditions for this exemption to include compliance with the WCPP described in Unit IV.B.

Please see Table 1 below for the timeline of prohibitions:

 

Requirement Effective Date

All persons are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products, to retailers for any use.

3 February 2025

All retailers are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products, for any use.

5 May 2025

All persons are prohibited from manufacturing (including import) methylene chloride.

5 May 2025

All persons are prohibited from processing methylene chloride, including any methylene chloride-containing products.

1 August 2025

All persons are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products.

28 January 2026

All persons are prohibited from industrial or commercial use of methylene chloride, including any methylene chloride containing products.

28 April 2026

 

Standards updates

 

See below a table summarising some recent ASTM standards updates:

 

Reference Title

ASTM F3681-24

Standard Consumer Safety Specification for Beach Umbrellas and Anchor Devices

 

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Personal Protective Equipment


 

Denmark

 

Danish ban on PFAS in clothing and shoes

 

One of the biggest sources of PFAS in the environment in Denmark is clothing, shoes and waterproofing agents. Therefore, the government wants to introduce a national ban on PFAS in these consumer goods.

 

PFAS in professional clothing and safety clothing will not be part of the ban because this type of clothings has special requirements are made for safety and functionality. This means that it is difficult or not possible to find PFAS-free alternatives available on the market.

 

The announcement on the ban is expected to be ready on 1 July 2025. The government proposes to give business a transition period of one year, meaning that the ban would apply from 1 July 2026.

 

For more information, please consult the Danish Ministry of the Environment website here.

 

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