Softlines & Leather Year in Review 2023
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In 2023, we witnessed more stringent regulations being put in place to strengthen product safety, especially regarding sustainability and chemical hazards.
Our experts have summarised some of this year’s most critical regulation updates for textile, apparel, fashion, and other relevant regulation news and updates affecting consumer products in general.
New restriction for microplastics
On 27 September 2023, the European Commission published an amendment to Regulation (EC) No. 1907/2006 (REACH) on intentionally added microplastic restriction.
The amendment consists of a new entry 78 in Annex XVII under the EU chemical legislation REACH which restricts synthetic polymer microparticles and two new appendices 15 and 16 which indicate rules on the proving degradability and solubility of these microplastics.
New York approves PFAS in textiles regulation
The State of New York recently approved Bill A07063A to amend Section 37-0121 of the Environmental Conservation Law to prohibit intentionally added PFAS chemicals in apparel products, effective 31 December 2023.
New York prohibits PFAS in carpets and establishes new carpet recycling programme
The State of New York approved Bill A09279A to amend Article 27 of the Environmental Conservation Law by adding a new title 33 to require producers to submit a plan for the establishment of a carpet collection program for unused and discarded carpets for the Department of Environmental Conservation’s (DEC) approval by 31 December 2023.
The New York governor signs bill S01322 amending the law prohibiting the intentional use of PFAS substances in apparel
On 24 March 2023, Governor Hochul signed Bill S01322 which amends the current law prohibiting the intentional use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in textiles.
For apparel, bill S01322 aligns the terminology as well as the timeline of the New York PFAS in apparel law with that of the California law that prohibits intentional use of PFAS substances in textiles. However, the scope of the New York law is limited only to apparel, compared to much broader California law that covers textile products.
Minnesota approves PFAS and heavy metals regulation on various consumer products
On 24 May 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products.
The new law also contains a notification requirement for products containing intentionally added PFAS.
Washington adopts new restriction and reporting rule under safer products programme
The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four-phase implementation process to:
- Designate priority chemicals;
- Identify consumer products that contain these chemicals;
- Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
- Adopt rules to implement those regulatory actions.
CPSC publishes final rule for flammability of clothing textile 16 CFR 1610
On 25 October 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register the final rule (FR) 16 CFR 1610 revising the Standard for the Flammability of Clothing Textiles. The revisions clarify existing provisions, expand permissible equipment and materials for testing, and update equipment requirements that are outdated.
Canada updates textile flammability test method
Canada has recently updated Canadian General Standards Board standard CAN/CGSB-4.2 No. 27.5, entitled Textile test methods – Flame resistance - 45° angle test – One-second flame impingement (the “Standard”). Flammability requirements for textile products are set out in various regulations under the Canada Consumer Product Safety Act that incorporate the Standard as the national test method for determining the flame spread properties of a textile product.
Expansion of the categories of decoration elements for ERP
On 31 December 2022, The Minister for Ecological Transition and Territorial Cohesion published the Order of 23 December 2022, amending the order of 22 December 2017 and approving an eco-organization in the furniture waste sector pursuant to article R. 543-252 of the environment code.
Extended producer responsibility for textiles
As of 1 July 2023, the extended producer responsibility (EPR) for textiles is implemented by Decree of 14 April 2023 (EPR for textiles Decree) in the Netherlands.
Producers are responsible for ensuring an appropriate collection system, recycling and reusing of clothing and household textiles and the financing of this entire system.
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 17 January 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of nine new substances, the current list of SVHCs now contains 233 substances.
Condition of restriction for PFCA
On 25 February 2023, the REACH restriction according to Annex XVII for Linear and branched perfluorocarboxylic acids (C9-C14 PFCAs), their salts and C9-C14 PFCA related substances, came into force.
Manufacturing, placing on the market and use of these substances, must now adhere to Entry 68 of Annex XVII of the REACH legislation.
New version of test method for nickel release
On 22 February 2023, the definitive text of a new version EN 1811 was approved by CEN/CENELEC for publication and was distributed by the Central Secretariat.
This standard specifies the test method for the release of nickel from all types of articles intended to come into direct and prolonged contact with the skin, and this way to determine whether such articles are in compliance with the Entry No 27 in Annex XVII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (REACH).
PFAS restriction proposal: Europe’s largest substance banning project ever
On 13 January 2023, a restriction proposal was submitted to the ECHA (European Chemical Agency) by five European authorities (Denmark, Germany, the Netherlands, Norway and Sweden). These authorities worked together on this proposal to limit the use of PFAS (Per- and polyfluoroalkyl substances) in the EU, having extensively studied PFAS, their use and the risks they pose to humans and the environment over the past three years. This stage involved consulting scientific literature and various requests for information from relevant businesses, public authorities and organisations.
New European regulation for consumer products
On 23 May 2023, the European Commission published the General Product Safety Regulation (GPSR):
The aim of this new regulation is to reinforce the safety rules for products sold both offline and online, market surveillance for unsafe products and consumer rights.
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 14 June 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of two new substances, the current list of SVHCs now contains 235 substances.
Click here to refer to the official list on the ECHA’s website.
Regulation (EU) 2023/1464 - Formaldehyde and formaldehyde releasers
On 14 July, the European Commission published Regulation (EU) 2023/1464, which amended Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards formaldehyde and formaldehyde releasers.
European Commission's thinking about the restriction of microplastics intentionally added to products
On 17 October 2023, the European Commission published its current thinking on the application of the microplastics restriction, (Entry 78 of Annex XVII of REACH), including plastic glitter on its own and in products.
The prohibition of placing on the market applies as of 17 October 2023 to microplastics including plastic glitter (unless biodegradable or soluble), on their own or intentionally added to products, for uses for which no transitional period is set in the restriction (e.g., art and crafts kits, toys, Christmas decorations, etc.).
Restriction proposal on certain chromium (VI) substances
On 11 October 2023, the European Chemical Agency (ECHA) announced that a European Commission mandate was received which requested the preparation of an Annex XV report for a possible restriction of the chromium (VI) substances that currently form entries 16 and 17 of the REACH Authorization List (Annex XIV), as a minimum.
OEHHA proposes amendment to Proposition 65 short-form warning requirements
On 27 October 2023, the OEHHA issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings.
An end to the penalties for confusion caused by some recycling markings
On 6 July 2023, the French authorities published Decisions 449872, 450134 & 450158 of 30 June 2023 which cancelled the following decrees:
Additional list of dangerous substances published
On 14 September 2023, the Minister of Ecological Transition and Territorial Cohesion published Order of 30 August 2023 relating to the presence of dangerous substances in products generating waste.
List of substances with endocrine disrupting properties is established
On 12 October 2023, the Minister of Ecological Transition and Territorial Cohesion published several Decrees of 28 September 2023 relating to substances with endocrine-disrupting properties.
One of the Decrees (text No. 13) aims to provide information to consumers about the presence of substances with endocrine-disrupting properties in ingredients, mixtures, articles and food products, as indicated by the AGEC law.
Another Decree (text No. 14) designates an alternative method of informing the public, Scan4Chem, relating to information on the presence of substances which qualify as proven, presumed, or suspected endocrine-disrupting properties in products.
California regulates textile fibreglass in juvenile products, mattresses and upholstered furniture
On 8 October 2023, the State of California passed AB 1059 to prohibit textile fibreglass in juvenile products, mattresses and upholstered furniture. The prohibition will become effective on 1 January 2027.
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