Eurofins Softlines & Leather Monthly Bulletin (August 2022)

Delaware Passes New Flame Retardants Law

On 4 August 2022, Delaware passed HB 77 to restrict a variety of flame-retardant chemicals in certain consumer products. The effective date is 1 July 2023. Please see Table 1 below for a summary of the restrictions.

Table 1

Substance	Scope*	Limit	Effective Date
2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)	Children’s products Upholstered furniture*, if the flame-retardant chemical is in the fabric, barrier or decking materials, covering, or cushioning materials	0.1% of a flame-retardant chemical or 0.1% of a mixture that includes 1 or more flame-retardant chemicals	1 July 2023
Antimony
Bis(2-ethylhexyl) tetrabromophthalate (TBPH)
Chlorinated paraffins
Decabromodiphenyl ether
Hexabromocyclododecane
Tetrabromobisphenol A (TBBPA)
Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)
Tris(2-chloroethyl)phosphate (TCEP)
Tris(1-chloro-2-propyl)phosphate (TCPP)
Organohalogens****	Mattresses	0.1% of an organohalogen or 0.1% of a mixture that includes 1 or more organohalogens
Exemptions: (1) Used upholstered furniture (2) Used mattresses (3) Upholstered and reupholstered furniture purchased for public use in public facilities (4) Thread or fiber when used for stitching mattress components together (5) Used children’s products or children’s products that are used in products or components as follows: (a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles (b) are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft (6) Components of an adult mattress other than foam (7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components (8) A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following: (a) a location under the same ownership as the warehouse or distribution center (b) a person acquiring the product for resale in another state (9) Mattresses or upholstered furniture that can be sold or distributed in commerce in California * Children’s product means product designed for residential use by infants and children under 12 years old, including a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat. * Upholstered furniture means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials. ** Organohalogen means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.

PRODUCT RECALLS / ALERTS

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) 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 11 alerts regarding textile & leather products were reported between week 29 and week 33 of 2022.

Type of Risk	Number of alerts	Notes
Chemicals	1	Children's sandals The product contains chromium VI. The product does not comply with REACH Regulation.
Chemicals	1	Beach sandals The plastic material of the product contains an excessive amount of lead and dibutyl phthalate (DBP). The product does not comply with REACH Regulation.
Choking, Suffocation	1	Children's clothing set The small decorative stones glued on the blouse can be detached easily and a child might put these in their mouth and choke on them. The product does not comply with the requirements of the General Product Safety Directive.
Injuries	2	Children's clothing set The product contains decorative cords that can be tied around the waist. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	1	Children's sweatpants The trousers have long functional cords to be tied at the waist area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	2	Children's bikini The product bears cords with free ends that can become trapped. The product does not comply with the requirements of General Product Safety Directive nor with EN 14682.
Injuries, Strangulation	1	Children's dress There are long functional cords in the waist. The product does not comply with the requirements of General Product Safety Directive nor with EN 14682.
Strangulation	2	Children's clothing set The product has long functional cords with free ends in the neck area. The product does not comply with the requirements of General Product Safety Directive nor with EN 14682.

OPSS issues Product Safety Alerts to the UK market. The following 2 alerts regarding textiles & leather products were reported between week 29 and week 33 of 2022.

Type of Risk

Number of alerts

Notes

Strangulation

Children’s hoodie

The product has a free running adjustment loop in the neck area. The product does not meet the requirements of the General Product Safety Regulations 2005.

Children’s joggers

The functional drawcord is longer than the permissible limit. The product does not meet the requirements of the General Product Safety Regulations 2005.

U.S.

From 28 July 2022 to 25 August 2022, the CPSC (Consumer Product Safety Commission) published the following recalls: 1 recall of textile & leather products

Hazard

Number of alerts

Notes

Strangulation

Children’s sweatshirts

The children's sweatshirts have a drawstring in the hood that can become entangled or caught on objects, posing a strangulation hazard to children.