Eurofins Softlines & Leather Monthly Bulletin (November 2024)

EUROPE

Proposal for the new application date for the European Deforestation Regulation

On 16 October 2024, the Council agreed to the Commission’s proposal to postpone the application date of Regulation (EU) 2023/1115 on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010.

According to this proposal, the obligations stemming from this regulation would be binding from:

• 30 December 2025: For large operators and traders
• 30 June 2026: For micro- and small enterprises

The Council will now inform the European Parliament of its position in view of the Parliament’s decision on its position. The aim is to have the regulation formally adopted by both co-legislators and published in the Official Journal of the EU so that it can enter into force by the end of the year.

For more information, please refer to the official proposal publication here on the European Commission website.

New update to Candidate List of Substances of Very High Concern (SVHCs)

On 7 November 2024, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs with the addition of one new substance. The current list of SVHCs now contains 242 substances.

See below a table indicating the latest substance addition:

Legal obligations for companies using SVHC substances include: 

- Suppliers provide customers and consumers with enough information to allow for safe use of products that contain a substance of very high concern (SVHC) above a concentration of 0.1 % (weight by weight)

- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% weight by weight (w/w) and the substance is present in those products in quantities totalling over 1 tonne per producer or per importer per year. The notifications must be submitted within six months from the date that the substance is included in the list.

- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.

- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing a substance of very high concern (SVHC) in a concentration above 0.1% weight by weight (w/w) on the EU market is required to submit a SCIP Notification on that article to ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.

Click here to refer to the official List on ECHA’s website.

Standard updates

The table below summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: The latest date by which national standards conflicting with a European Norm (EN) (and Harmonisation Document (HD) for the European Committee for Electrotechnical Standardisation (CENELEC)) have to be withdrawn.

UK

CMA’s practical guide related to “green claims”

On 18 September 2024, the Competition and Markets Authority (CMA) published a guide to help fashion businesses stay on the right side of consumer law and create a level playing field for all fashion businesses. It explains how you can follow the Green Claims Code when making environmental (or ‘green’) claims.

For more information, please refer to the official publication here.

US

PFAS regulations

California Assembly Bill 347 (AB 347), signed into law by Governor Gavin Newsom on 29 September 2024, represents a significant legislative step in regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products.

Often referred to as "forever chemicals" due to their persistence in the environment and the human body, PFAS are synthetic substances found in a wide range of products, including juvenile products, textiles, and food packaging. Although they offer benefits such as water and stain resistance, their potential health risks, including cancer and liver damage, have prompted regulatory action.

AB 347 brings the existing PFAS regulations covering juvenile products, textiles, and food packaging, under the jurisdiction of the Department of Toxic Substances Control (DTSC). The bill outlines a phased approach for implementation, requiring manufacturers to register their products, certify compliance, and adhere to testing and reporting standards. Additionally, the DTSC will be tasked with enforcing these regulations, conducting product tests, and issuing penalties for non-compliance. Notices of violations will be published on the website to ensure transparency and public accountability.

The law's primary objective is to reduce consumer exposure to harmful PFAS while establishing a clear and enforceable framework for manufacturers. AB 347’s phased timeline allows companies time to comply, but failure to do so will result in significant penalties. This document provides a detailed analysis of the key provisions of the law, its timeline, and its implications for manufacturers and consumers.

Key Provisions of AB 347

1. Extension of Existing PFAS Laws
   AB 347 extends existing laws regulating PFAS in juvenile products, textiles, and food packaging by placing these categories under the jurisdiction of the DTSC. This ensures consistency in the application of restrictions and enforcement measures across all product types.
2. Restricted Definition of Juvenile Products
   The bill narrows the definition of juvenile products to those specifically mentioned in the law, such as cribs, mattresses, and play mats. This targeted approach focuses the law on products that are most likely to expose children under 12 years of age to PFAS.

Requirements

1. Regulations for Enforcement (by 1 January 2029)
   The DTSC is required to adopt regulations to implement and enforce PFAS restrictions by 1 January 2029. These regulations will provide the framework for manufacturers to ensure compliance with the law.
2. Manufacturer Registration (by 1 July 2029)
   By 1 July 2029, manufacturers must register their products with the DTSC, and the registration process will include the following:
   • Paying registration fees.
   • The name and a description of each covered product it manufactures.
   • Providing a Statement of Compliance certifying adherence to PFAS prohibitions.
3. Compliance and Enforcement (from 1 July 2030)
   Beginning 1 July 2030, the DTSC will enforce compliance with the PFAS restrictions through product testing, random sampling, and other regulatory measures.
4. Legislative Reporting (by 1 July 2033)
   By 1 July 2033, the DTSC will submit a report to the Legislature detailing its compliance and enforcement activities under AB 347, including summaries of products tested, violations issued, and penalties enforced.

Manufacturer Compliance

• Statement of Compliance
  Manufacturers must submit a statement certifying that each covered product complies with PFAS restrictions. The DTSC may request analytical test reports to verify compliance. The DTSC will publish a list of accepted testing methods and accredited third-party laboratories by 1 January 2029, to standardise testing procedures across industries.
• Notice of Violation Publication
  In cases of non-compliance, the DTSC may issue a Notice of Violation as per Section 108083. The department is required to:
  • Publish the notice on its website, including relevant product information for each covered product subject to the violation.
  • Develop a process to keep interested parties informed of updates to notices of violations, ensuring transparency.
  • Receive and verify reports of alleged PFAS violations from consumers, businesses, and other entities, and assess administrative penalties based on verified findings.

Testing Disclosures and Compliance Verification
While AB 347 does not mandate product testing as a blanket requirement, it grants the Department of Toxic Substances Control (DTSC) the authority to request technical documentation from manufacturers to verify compliance with PFAS restrictions. This includes the submission of test results performed using analytical methods approved by the DTSC. Manufacturers are expected to maintain records demonstrating that their products meet the applicable PFAS laws and be prepared to provide these results if requested.

The DTSC will publish a list of approved testing methods and accredited laboratories, which manufacturers should consult to ensure they are following the appropriate procedures.

Existing PFAS Laws Now Under DTSC Jurisdiction

1. AB 652 (2021) - PFAS in Juvenile Products
   • Prohibition: As of 1 July 2023, new juvenile products containing regulated PFAS cannot be sold in California. These products include cribs, mattresses, strollers, and other items for children under 12 years of age.
   • Key Compliance: Manufacturers are required to eliminate PFAS from juvenile products and use the least toxic alternatives.
2. AB 1817 (2022) - PFAS in Textiles
   • Prohibition: Beginning 1 January 2025, textile articles containing regulated PFAS are prohibited. Outdoor apparel for severe wet conditions is exempt until 1 January 2028. However, from 1 January 2025, such apparel containing PFAS must include a label stating "Made with PFAS chemicals," both on physical products and online listings.
   • TOF Proxy: PFAS in textiles can be measured using Total Organic Fluorine (TOF) as a proxy, with thresholds set at 100 ppm, decreasing to 50 ppm by 2027.

Enforcement and Penalties

• Enforcement
  The enforcement of AB 347 will be conducted by the California Attorney General or the DTSC. Enforcement actions can be initiated by the DTSC based on reports submitted by consumers, businesses, research institutions, and not-for-profit entities. The DTSC will independently test, verify, or inspect the reports to determine violations.
• Penalties
  For violations of PFAS restrictions, the department may assess administrative penalties starting at $10,000 for the first offence. Additional penalties may accrue for ongoing violations. Penalties will be determined based on:
  • The severity of the violation.
  • The violator’s history of prior offences and cooperation with authorities.
  • Whether the violation was willful or accidental.

Implications for Industry
Manufacturers of juvenile products, textiles, and food packaging must comply with the new requirements under AB 347. Compliance involves registering products with the Department of Toxic Substances Control (DTSC) and submitting a Statement of Compliance certifying that products meet PFAS restrictions.

Failure to adhere to these requirements may lead to substantial financial penalties and reputational harm, particularly as violations will be publicly posted on the DTSC’s website. It is crucial for companies to review their product lines for PFAS content and take the necessary steps to meet the compliance deadlines set by the law.

Conclusion
California AB 347 sets a new standard in PFAS regulation, providing clear guidelines for manufacturers and establishing strong enforcement mechanisms. The law not only protects consumers from harmful chemicals but also promotes transparency by publishing notices of violation for public access.

Companies that comply with AB 347 will demonstrate leadership in environmental responsibility, while those that fail to meet the requirements will face substantial penalties. As the enforcement deadlines approach, manufacturers must act now to align their products and processes with the law.

PRODUCT RECALLS / ALERTS

Below you will find a monthly summary of product recalls and alerts in Europe (Source “Safety Gate (RAPEX)”) and the U.S. (Source “CPSC”).

Europe

Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)

The following 33 alerts regarding clothing, textile and fashion items were reported between week 30 and week 38 of 2024.

UK

OPSS issues Product Safety Alerts on the UK market.

The following 3 alerts regarding clothing, textile and fashion items was reported between week 30 and week 38 of 2024.

U.S.

Between 3 October 2024 and 25 October 2024, the CPSC (Consumer Product Safety Commission) published the following recalls: 6 recalls of textile & leather products