EUROPE
Proposal to prohibit the use of bisphenol-A (BPA) in food contact materials
On 9 February 2024, the European Commission published an initiative related to restrictions on bisphenol A (BPA) and other bisphenols in food contact materials.
The proposal indicates:
- Ban on the use of BPA in food contact materials (FCMs), including plastic and coated packaging.
- The use of other bisphenols in FCMs to avoid replacing BPA with other harmful substances.
- Derogations and transitional periods that may apply to businesses.
This draft act was open for feedback for 4 weeks. Feedback will be considered for finalising this initiative.
Status of European initiatives related to the General Product Safety Regulation
In 2023, the European Commission published several initiatives related to Regulation (EU) 2023/988 on General Product Safety which is planned for their Commission adoption in the third and second quarter of 2024. Below is a summary table with the status of these initiatives:
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Published initiative
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Status
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Product safety recall notices (template)
This initiative sets out the recall notice template listing all the information that it must contain. The template will make it easier for businesses to issue recall notices and for consumers to identify them and be properly informed about product recalls.
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Feedback period about the Draft Act is closed. The next step is Commission adoption planned for the third quarter of 2024.
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Product safety – interoperable interface of the Safety Gate Portal
This initiative would lay down a technical framework for the set-up and functioning of the Safety Gate's interoperable interface. This would enable providers of online marketplaces to link their interfaces with the Safety Gate Portal in an easy, quick and reliable way.
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Feedback period about the Draft Act is closed. The next step is Commission adoption planned for the second quarter of 2024.
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Product safety – ways for consumers and others to report potentially dangerous products
This initiative is an implementing act specifying how the information, about products that might present a risk to their health and safety, will be passed on to the relevant national authorities.
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Feedback period about the Draft Act is closed. The next step is Commission adoption planned for the second quarter of 2024.
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Product safety – guidelines for producers and distributors to notify dangerous products (repeal)
The reason for repealing the Decision is that it will no longer be relevant when the new General Product Safety Regulation enters into application on 13 December 2024.
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It is in preparation and the Commission adoption is planned for the third quarter of 2024.
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FRANCE
Update to the Nation’s list of childcare articles
On 24 January 2024, the French authorities published a notice relating to the application of Decree No. 91-1292 of 20 December 1991 relating to the prevention of risks resulting from the use of childcare articles.
This notice adds new versions of the previous regulations mentioned in Article 4:
- NF EN 1888-2+A1 - December 2022 “Childcare articles - Baby strollers - Part 2: Strollers for children from 15 kg to 22 kg”;
- NF EN 12790-2 - March 2023 “Childcare articles - Loungers - Part 2: loungers for children until they start to stand”;
- NF EN 12790-1 - March 2023 “Childcare articles - Loungers - Part 1: loungers for children until they start trying to sit up”;
- NF EN 16232 + A2 - September 2023 “Childcare articles - Hanging swings for children”.
Note: The seats and carrycots included in the decrees of 25 and 26 January 1995, relating to restraint systems for children transported on board motor vehicles, are also subject to Decree No. 91-1292 when they are intended to be used outside of a vehicle that serves as a lounger or bassinet.
This notice cancels and replaces the notice with the same subject matter published in the Official Gazette of the French Republic on 2 February 2023 (NOR: ECOC2228382V).
Technical publications
The latest publication by Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) related to consumer products:
JAPAN
Japan Updates Positive List of Substances for Food Contact Materials
The Japanese Ministry of Health, Labor, and Welfare published an updated version of the positive list of substances for synthetic resin food utensils, containers and packaging. The positive list consists of three separate tables for polymers, monomers, and additives. The updated list will go into effect on 1 June 2025.
INTERNATIONAL
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
PRODUCT RECALLS / ALERTS
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)” and “RASFF”) 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 61 alerts regarding toys, childcare articles and children's equipment products were reported between week 4 and week 7 of 2024.
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Type of Risk
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Number of alerts
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Notes
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Chemicals
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1
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Acrylic paint set
The migration of strontium from the toy is too high.
The product does not comply with the Toy Safety Directive or EN 71-3.
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6
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Babies' soother
The soother's shield contains bisphenol A.
The product does not comply with the requirements of the General Product Safety Directive or the REACH Regulation.
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1
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Balloons
The balloons release an excessive amount of nitrosatable substances.
The product does not comply with the requirements of the Toy Safety Directive or with EN 71-12.
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1
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Crayon set
The crayons have an excessive concentration of lead.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-3.
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2
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Finger paint
The product has an excessive concentration of benzisothiazolinone and the product contains methylisothiazolinone (MI).
The product does not comply with the requirements of the Toy Safety Directive or with EN 71-9.
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1
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Pencil set
The set of pencils has an excessive concentration of lead.
The product does not comply with the requirements of the Toy Safety Directive or with EN 71-3.
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2
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Plastic doll
The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and diisooctyl phthalate (DIOP).
The product does not comply with the REACH Regulation.
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1
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Set of acrylic paints
There is an excessive migration of aluminium from the paints, in particular the blue paint, is too high.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-3.
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4
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Slime toy
The plastic material of the product (figurines) has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and diisooctyl phthalate (DIOP) and the migration of boron from the toy slime is too high.
The product does not comply with the REACH regulation.
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3
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Squeaky toy
The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP).
The product does not comply with the REACH Regulation.
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1
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Stamp pen set
The stamp pens have an excessive concentration of lead.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-3.
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Chemical, Choking
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2
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Finger paint kit
The product has excessive concentrations of methylisothiazolinone (MI) and methylchloroisothiazolinone (MCI). Moreover, the foam of the ink pads tears easily.
The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-7.
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1
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Toy cell phone
The battery compartment can easily be opened without the use of tools.
The product does not comply with the requirements of the Toy Safety Directive and EN 62115.
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Choking
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1
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Baby puzzle ball
The puzzle contains small parts.
The product does not comply with the requirements of the Toy Safety Directive and EN 71-1.
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3
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Nesting dolls
The toy has small parts.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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2
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Puffer toy
Small parts can easily detach from the toy.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Push along toy
The toy has small pieces.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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3
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Soft toy
A small part can easily detach, and the fibrous stuffing material of the toy is easily accessible due to the weakness of certain seams.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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3
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Soother holder
The chain can break, resulting in small parts.
The product does not comply with the requirements of the General Product Safety Directive or EN 12586.
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1
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Wooden baby toy
The bell (a small part) is inside the wooden baby toy.
The product does not comply with the requirements of the Toy Safety Directive.
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6
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Plastic toys
The toy has small parts.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Choking, Injuries
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1
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Magnetic toy
Magnets with a high magnetic flux which can easily detach from the toy.
The product does not comply with the requirements of the Toy Safety Directive and EN 71-1.
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Choking, Suffocation
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1
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Soft toy
Small part (the eye) can easily detach from the toy. Moreover, the plastic of the packaging is too thin.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Damage to hearing
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1
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Toy recorder
The sound pressure level produced by the toy is too high.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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Entrapment, Injuries, Strangulation
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1
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Plastic swing
The product has accessible openings and holes, in which children can become trapped. The swing seat is attached to the rope by knots, which may loosen.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-8.
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Environment
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1
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LED mask
The solders in the product have an excessive concentration of lead.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive).
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2
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Drill toy
The solders in the product have an excessive concentration of lead.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
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2
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Toy car
The solders in the product have an excessive concentration of lead.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
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1
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LED necklace
The solders in the product have an excessive concentration of cadmium.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
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Injuries
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1
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Folding stand for changing table
The changing table may detach from the stand and tip over.
The product does not comply with the General Product Safety Directive or EN 1221.
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1
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Toy scooter
The front wheels are too small and could get stuck in holes in the ground.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Surprise toy
The magnetic flux index of the magnet in the soother is too high.
The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
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1
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Baby walker
The strength of the baby walker is inadequate and there is no proper protection against falling downstairs.
The product does not comply with the requirements of the General Product Safety Directive or EN 1273.
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1
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Highchair
The highchair is not sufficiently stable and can easily tip over sideways.
The product does not comply with the requirements of the General Product Safety Directive or EN 14988.
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The following 2 alerts regarding furniture were reported between week 4 and week 7 of 2024.
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Type of Risk
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Number of alerts
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Notes
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Injuries
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1
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Rail kit for sliding doors
The rail may not withstand the weight of the doors, causing the top of the cabinet to collapse and the doors to fall.
The product does not comply with the requirements of the General Product Safety Directive.
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Choking, Injuries
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1
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Learning tower
The product has small parts (the cover caps of the drill holes) which can easily detach. Moreover, the product is not stable, and it can fall causing injuries to the child or bystanders.
The product does not comply with the requirements of the General Product Safety Directive or EN 13387-5 and EN 14988.
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The following 4 alerts regarding jewellery were reported between week 4 and week 7 of 2024.
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Type of Risk
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Number of alerts
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Notes
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Chemical
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2
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Earrings
The product releases an excessive amount of nickel.
The product does not comply with the REACH Regulation.
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1
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Brooch
The product has an excessive concentration of cadmium.
The product does not comply with the REACH Regulation.
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1
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Necklace
The product releases an excessive amount of nickel.
The product does not comply with the REACH Regulation.
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The following 6 alerts regarding miscellaneous products were reported between week 4 and week 7 of 2024.
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Type of Risk
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Number of alerts
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Notes
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Chemical
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1
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Wall hanger
The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP).
The product does not comply with the REACH Regulation.
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1
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Goggles
The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP).
The product does not comply with the REACH Regulation.
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Cuts, Injuries
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1
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Shower column
The tube of the shower can easily detach and cause the tube and the metal shower head to fall.
The product does not comply with the requirements of the General Product Safety Directive.
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Environment
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1
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Gaming mouse
The solders in the product have an excessive concentration of lead.
The product does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
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Injuries
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1
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Telescopic ladder
Several steps may stack on the ladder, creating uneven distances between the steps. The user could make a misstep, lose balance and fall off the ladder. Moreover, the unlocking mechanism does not prevent folding. Finally, the ladder does not have sufficient mechanical strength and can bend during use.
The product does not comply with the requirements of the General Product Safety Directive.
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1
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Ski boot
The cuff of the boot can rotate backwards and overcome the lock mechanism.
The product does not comply with the requirements of the General Product Safety Directive.
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RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 3 alerts regarding Food Contact Materials related to children's tableware were reported from 21 January 2024 to 20 February 2024.
UK
OPSS issues Product Safety Alerts on the UK market.
The following 18 alerts regarding toys and childcare products were reported between week 4 and week 7 of 2024.
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Type of Risk
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Number of alerts
|
Notes
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Asphyxiation
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1
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Zipped plush toy
The fibrous internal stuffing is easily accessible via the zip on the back of the toy.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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1
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Baby gym play mat
The play mat seams can break open, allowing access to the internal fibrous filling material.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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1
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Silicone spinner toy
The product presents a serious risk as the spinner arms are produced in such a way that they could cause asphyxiation or impaction.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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4
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Plush toys
The fibrous stuffing in the toy is easily accessible due to the weakness of the seams.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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|
Chemicals
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1
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Slime
The product contains excess concentrations of boron.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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Choking
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1
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Tractor toy
The toy is supplied with small parts (the haybale) and small parts are easily detachable (the wheel).
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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1
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Baby stroller
The leatherette label on the inside of the stroller can be easily detached, producing a small part.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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1
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Plush toys
The fibrous stuffing in the toy is easily accessible due to the weakness of the seams.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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|
1
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Baby crib
The zip pulls on the mattress can be easily detached.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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1
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Plastic toys
The bell can easily detach.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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Choking, Asphyxiation
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1
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Tummy time mirror
The two plastic toggles detached at forces less than the specified minimum. Additionally, the flexible plastic bag used for packaging has an area greater and the bag thickness measured less than the minimum specified.
The product does not meet the requirements of the Toys (Safety) Regulation 2011.
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Choking and injuries
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1
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Magnetic toy
The product has small parts. The magnetic toy was also found to have a magnetic flux index greater than the maximum permissible level. Small, high-powered magnetic products can be easily swallowed and, when ingested, have the potential to cause serious internal injuries within the gastrointestinal tract. The product also requires improvements to marking and labelling.
The product does not meet the requirements of the Toys (Safety) Regulations 2011.
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Injuries
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1
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Baby carrier
It has inadequate support attachments meaning a baby may slip out.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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1
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Baby walker
The baby can move freely in the walker at all times. There are no protections provided to prevent the baby walker from tipping and falling down the stairs. The product also required improvements to marking and labelling.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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1
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Baby highchair
The product can be easily pushed over in any direction and the restraint system does not correctly secure the baby in place.
The product does not meet the requirements of the General Product Safety Regulations 2005.
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The following 4 alerts regarding jewellery were reported between week 4 and week 7 of 2024.
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Type of Risk
|
Number of alerts
|
Notes
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|
Chemical
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1
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Fashion bracelet
They were found to contain excess concentrations of heavy metals, including cadmium, lead and nickel.
The products do not meet the requirements of the Registration, Evaluation, Authorisation & restriction of Chemicals (REACH) Enforcement Regulations 2008.
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1
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Costume jewellery
They were found to contain excess concentrations of heavy metals, including cadmium, lead and nickel.
The products do not meet the requirements of the Registration, Evaluation, Authorisation & restriction of Chemicals (REACH) Enforcement Regulations 2008.
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1
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Earrings
The lead content is greater than the maximum permissible limit.
The products do not meet the requirements of the Registration, Evaluation, Authorisation & restriction of Chemicals (REACH) Enforcement Regulations 2008.
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1
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Metal jewellery
The cadmium is greater than the maximum permissible limit.
The product does not meet the requirements of the REACH Enforcement Regulations 2008.
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The following 1 alert regarding miscellaneous products was reported between week 4 and week 7 of 2024.
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Type of Risk
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Number of alerts
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Notes
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Injuries
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1
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Bicycle
It has been identified that it may crack and break in the upper area of the down tube of the frame.
The products do not meet the requirements of the General Product Safety Regulations 2005.
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U.S.
From 1 February 2024 to 22 February 2024, the CPSC (Consumer Product Safety Commission) published the following recalls:
4 recalls regarding toys and childcare products
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Hazard
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Number of alerts
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Notes
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Magnets
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2
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Fishing games
The fishing game does not comply with the requirements of the mandatory federal toy regulation because it contains one or more magnets that fit within CPSC’s small parts cylinder, and the magnets are stronger than permitted. When high-powered magnets are swallowed, the ingested magnets can attract to each other, or another metal object, and become lodged in the digestive system.
This can result in perforations, twisting and/or blockage of the intestines, infection, blood poisoning and death.
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Magnetic ball sets
The magnetic ball sets do not comply with the requirements of the mandatory federal toy regulation because they contain one or more magnets that fit within CPSC’s small parts cylinder and the magnets are stronger than permitted. When high-powered magnets are swallowed, the ingested magnets can attract to each other or another metal object and become lodged in the digestive system.
This can result in perforations, twisting and/or blockage of the intestines, infection, blood poisoning and death.
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Suffocation
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2
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Crib mattresses
The recalled mattresses violate multiple provisions of the federal safety regulation for crib mattresses, including the thickness test, and are missing warnings and labels.
The product poses a suffocation hazard to infants.
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19 recalls of consumer products
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Type of Risk
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Number of alerts
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Notes
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Impact
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1
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Dumbbells
The weight plates can dislodge from the handle during use, posing an impact hazard.
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Choking
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1
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Wooden knobs
The packaging configuration can allow damage to the wooden knob on the ball run during shipping and cause it to come loose and detach, posing a choking hazard to children.
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Laceration
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1
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Light bulbs
Some packages of the light bulbs can include 3V bulbs intended for battery-powered fixtures instead of the 120V versions as labelled. If a 3V bulb is used in a 120V fixture, it can burst, posing a laceration hazard to consumers.
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Entrapment
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1
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Children’s bicycles
The bicycles do not meet U.S. safety standards for bicycles, posing crash and injury hazards to children. The 10-inch, 12-inch, and 16-inch bicycles are equipped with hand brakes but no footbrakes. The 20-inch bicycles are not equipped with a chain guard and the pedals do not come with reflectors. Federal regulations require bicycles with seat heights that measure at or below 25 inches to be equipped with foot brakes and require a full coverage chain guard, intended to prevent entrapment of clothing or body parts.
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Injury
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1
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Bicycle stems
The stems’ faceplate can crack and break, loosening the handlebars, and causing the rider to lose control, posing a risk of injury to the user in a crash.
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Laceration
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1
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Snow globes
The snow globes can crack or fracture, posing a laceration hazard.
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Fire
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3
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Vacuums
The vacuum’s battery pack can overheat and smoke, posing a fire hazard.
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Grass trimmers
Incorrect wiring in the ignition module on the recalled grass trimmers can cause an electrical spark or arcing, posing a fire hazard if gas is on or near the unit.
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Greenhouses
The recalled greenhouses can overheat, posing a fire hazard resulting in property damage and injury.
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Head injury
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1
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Bicycle helmets
The strap anchor can become dislodged from the helmet when sufficient force is applied and therefore violates the CPSC federal safety regulation for bicycle helmets. The helmets can fail to protect in the event of a crash, posing a risk of head injury.
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Burn
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1
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Garment steamers
The recalled garment steamers can expel hot water from the steam nozzle while heating or during use, posing a serious burn hazard to consumers.
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Fire and burn
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1
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Lighters
The lighters do not have child-resistant mechanisms and were not tested to the federal regulatory requirements for child resistance. Young children under 5 years old could ignite the lighters, posing fire and burn hazards.
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Fall and laceration
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1
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Climbing sticks
The climbing sticks can break at the weld point, posing fall and laceration hazards to consumers.
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Burn and poisoning
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1
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Fuel bottles
The portable fuel bottles do not meet the child-resistant requirements for closures under the Children's Gasoline Burn Prevention Act (CGBPA). The closure for the products is not child-resistant, posing a risk of burn and poisoning to children. The 530mL BRS bottle was manufactured after the Portable Fuel Container Safety Act (PFCSA) became effective and lacks a flame mitigation device, posing a flash fire hazard.
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Burn and scald
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1
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Camping cooking pots
The pot handle can detach or become loose, posing burn and scald risks to consumers from hot food and liquids spilling from the product.
|
|
Injury and death
|
4
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Gun safes
The biometric lock on the safes can fail and be opened by unauthorized users, posing a serious injury hazard and risk of death.
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