Eurofins Toys & Hardlines Monthly Bulletin (June 2024)
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 27 June 2024, the European Chemicals Agency (ECHA) released the new Candidate List for Substances of Very High Concern (SVHCs). With the addition of one new substance, the current list of SVHCs now contains 241 substances.
See below a table indicating the latest substance addition:
|
Nº |
Substance name |
EC number |
CAS number |
Reason for inclusion |
Examples of use(s) |
|
1 |
Bis(α,α-dimethylbenzyl) peroxide |
201-279-3 |
80-43-3 |
Toxic for reproduction (Article 57c) |
Flame retardant |
Legal obligations for companies using SVHC substances include:
- Suppliers must provide customers and consumers with enough information to allow for the safe use of products that contain SVHCs, above a concentration of 0.1% weight by weight (w/w).
- Importers and producers of these products must notify the ECHA if their article contains SVHCs above a concentration of 0.1% w/w, and if 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 was 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 SVHC with a concentration of above 0.1% w/w within the EU market is required to submit a Substance of Concern in Products (SCIP) Notification on that article to ECHA, as of the 5th of 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 (Registration, Evaluation, Authorisation and Restriction of Chemicals) regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.
Click here to read the official List from the ECHA’s website.
Product Safety Regulation publications
The provisions of Regulation (EU) 2023/988 on General Product Safety are anticipated to be implemented on 13 December 2024. For this reason, the European Commission published several of the following public initiatives, implementing regulations and an implementing decision:
|
Publications |
Status |
|
Product safety recall notices (template): |
Commission adoption: 24 May 2024 |
|
Product safety – interoperable interface of the Safety Gate Portal: |
Commission adoption: 27 May 2024 |
|
Product safety – ways for consumers and others to report potentially dangerous products: |
Commission adoption: 21 June 2024 |
|
Product safety – guidelines for producers and distributors to notify dangerous products (repeal): |
Commission adoption: 21 June 2024 |
|
Dangerous products rapid alert system – roles of the ‘Safety Gate’ national contact points: |
European Initiative |
|
Product safety - Safety Gate operating rules: |
European Initiative |
The below table 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 an EN (and HD for CENELEC) have to be withdrawn.
(**) Date of availability: The date when the definitive text in the official language versions of an approved CEN/CENELEC publication is distributed by the Central Secretariat.
|
CEN/CENELEC |
||||
|
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
|
|
Tissue paper and tissue products - Part 5: Determination of wet tensile strength (ISO 12625-5:2024) |
31 December 2024 |
|||
|
Tissue paper and tissue products - Part 16: Determination of optical properties - Diffuse reflectance method for opacity (paper backing) (ISO 12625-16:2024) |
30 November 2024 |
|||
|
Children's high chairs - Requirements and test methods |
30 April 2025 |
|||
|
Electromagnetic compatibility (EMC) - Part 3-12: Limits - Limits for harmonic currents produced by equipment connected to public low-voltage systems with input current >16 A and ≤ 75 A per phase |
20 March 2027 |
|
||
|
Paints and varnishes - Determination of volatile organic compounds (VOC) and/or semi-volatile organic compounds (SVOC) content - Part 1: Gravimetric method for VOC determination (ISO 11890-1:2024) |
30 November 2024 |
|||
|
Reference |
Title |
Date of Availability (**) |
Supersedes |
|
|
Paints and varnishes - Determination of volatile organic compound (VOC) and/or semi-volatile organic compound (SVOC) content - Best practices for the selection of test methods (ISO/TR 5601:2023) |
05 June 2024 |
|
||
Publication of the Common Charger Directive guidance
On 7 May 2024, The European Commission published the Commission Notice Guidance for the interpretation of the Common Charger Directive 2022/2380 (C/2024/2997).
Its aims to provide guidance on the new provisions introduced by the Common Charger Directive, amending the Radio Equipment Directive (RED) 2014/53/EU, thereby contributing to a better understanding of those provisions and their application.
The Common Charger Directive entered into force on 28 December 2022 and enters into application as of the dates specified in Article 2 of the Common Charger Directive.
Publications on European Commission initiatives
The table below summarises recent publications on European Commission initiatives regarding:
|
Date |
Title |
|
13 June 2024 |
Waste batteries - Format to be used by national authorities reporting on collection and treatment |
|
06 June 2024 |
Childcare articles – Restriction on substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR) |
|
02 May 2024 |
European standardisation – Evaluation |
Publication relevant to the AGEC Law
According to the principle of extended producer responsibility (EPR), waste management must be ensured by the producers of said products. To fulfil their obligations, they must join an approved eco-organisation or set up an approved individual system. The following texts indicate recent legislative publications and guides on requirements related to the circular economy.
|
Entity |
Date |
Publication |
|
The Minister of Ecological Transition and Territorial Cohesion |
14 April 2024 |
Order from 8 April 2024 approving a coordinating body for the extended responsibility sector of producers of furniture elements in application of article L. 541-10 of the environmental code (Text No 16). |
|
The Minister of Ecological Transition and Territorial Cohesion |
25 April 2024 |
Decree No. 2024-373 from 23 April 2024 relates to the conditions and methods of application of V of Article L. 541-15-10 of the Environmental Code (Text No 2). |
Listed below are the latest publications related to consumer products from the Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) and the Department of Legal and Administrative Information:
- DGCCRF Sheet - Safety of hygiene products: European Union countries act jointly
- DGCCRF Sheet - Gardening: Pay attention to certain cutting accessories for brush cutters
- Household products: It is important to leave them in their original container!
Updates related to recycled plastic in contact with foodstuffs
On 25 April 2024, the Minister of the Economy, Finance and Industrial and Digital Sovereignty published Decree No. 2024-372 from 23 April 2024, relating to materials and objects made of recycled plastic intended to come into contact with foodstuffs.
The purpose of this decree is to highlight that certain provisions of Commission Regulation (EU) 2022/1616 of 15 September 2022, which relate to materials and objects made of recycled plastics intended to come into contact with foodstuffs and repeal Regulation (EC) No. 282/2008 constitute implementing measures for Article L. 412-1 of the Consumer Code.
The provisions of the decree come into force the day after its publication.
Update of food codex plastic materials and food contact
On 6 May 2024, the Ministry of Agriculture and Forestry published a notification on amendments to the Turkish Food Codex communique on plastic materials (communique no: 2019/44) and materials in contact with food (communique no: 2023/33).
The main changes are:
- All substances indicated as “yes” in the second column of Table 1 in Annex 2 for permitted acids, phenols or alcohols and subject to the restrictions specified in the third and fourth columns of the same table.
- Annex-1, Annex-2, Annex-3 and Annex-4 of the Communiqué have been amended (as the Annex of the notification indicates).
This notification implements the last amendment to European Regulation No. 10/2011(Regulation (EU) 2020/1245, Regulation (EU) 2023/1442 and Regulation (EU) 2023/1627) related to food contact plastics.
It shall apply on 1 January 2026, and for goods which were placed on the market before the application date until 1 January 2028.
For more information, please refer to the official publication in Resmî Gazete here.
Updates for toys and food contact materials
On 5 June 2025, the Swiss authority published the following two amendments which affect toys and food contact materials respectively:
- RO 2024 250: DFI Ordinance on materials and objects intended to come into contact with foodstuffs (Ordinance on materials and objects) (Annex 2 and 10)
- RO 2024 249: FDHA Ordinance on the Safety of Toys (Toy Ordinance, TSO). It amends two standards under Annex 4 of the Swiss Toys Ordinance. The Standards are:
|
Code |
Title |
|
SN EN 71-3:2019+A1:2021 |
Toy safety – Part 3: Migration of certain elements |
|
SN EN 71-13:2021+A1:2022 |
Toy safety – Part 13: Scent table games, cosmetic sets and taste games |
Both amendments came into force on 1 July 2024.
Vermont regulates PFAS in various consumer products
On 30 May 2024, the State of Vermont signed Senate Bill 25 into law to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products. The new law will become effective on 1 July 2024 with different implementation phases for each covered product category. Please see Table 1 below for details of the new regulation.
Table 1:
|
Product Category |
Requirement |
Effective Date |
|
Aftermarket stain and water-resistant treatments for rugs or carpets |
|
|
|
Cookware |
||
|
Incontinence protection products |
||
|
Juvenile products |
||
|
Ski wax |
||
|
Residential rugs or carpets |
||
|
Artificial turf |
Prohibited if PFAS is intentionally added or if the presence of PFAS is known or reasonably ascertainable during the manufacturing process |
1 January 2026 |
|
|
Prohibited if PFAS is intentionally added for a functional or technical effect or over 100 ppm as measured in total organic fluorine |
1 January 2026 |
|
Prohibited if PFAS is intentionally added for a functional or technical effect or over 50 ppm as measured in total organic fluorine |
1 July 2027 |
|
|
Outdoor apparel for severe wet conditions |
Prohibited if PFAS is intentionally added for a functional or technical effect or over 50 ppm as measured in total organic fluorine |
1 July 2028 |
Connecticut regulates PFAS in various consumer products
On 5 June 2024, the State of Connecticut signed SB 292 to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products. The new law will become effective on 1 October 2024 with different implementation phases for each covered product category. Please see Table 1 below for details of the new regulation.
Table 1:
|
Product Category |
Requirement |
Effective Date |
|
Outdoor apparel for severe wet conditions |
Prohibited if intentionally added PFAS unless labelled with the statement “Made with PFAS chemicals”. |
1 January 2026 |
|
Turnout gear (firefighter protective gear) |
Prohibited if intentionally added PFAS unless written notice to the purchaser at the time of sale that the product contains intentionally added PFAS and the reason it is added. |
1 January 2026 |
|
Apparel |
|
|
|
Carpet or rug |
||
|
Cleaning product |
||
|
Cookware |
||
|
Cosmetics |
||
|
Dental floss |
||
|
Fabric treatment |
||
|
Children’s product |
||
|
Menstruation product |
||
|
Textile furnishing |
||
|
Ski wax |
||
|
Upholstered furniture |
||
|
Apparel |
|
|
|
Turnout gear |
||
|
Carpet or rug |
||
|
Cleaning product |
||
|
Cookware |
||
|
Cosmetics |
||
|
Dental floss |
||
|
Fabric treatment |
||
|
Children’s product |
||
|
Menstruation product |
||
|
Textile furnishings |
||
|
Ski wax |
||
|
Upholstered furniture |
||
|
Outdoor apparel for severe wet conditions |
Rhode Island delays the enforcement of PFAS in food packaging restriction
On 17 June 2024, the State of Rhode Island approved SB 2850 to further delay the effective date of the intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) prohibition in food packaging. The previous effective date of 31 July 2024 has been pushed back to 1 January 2025.
“Food packaging” is defined as any package or packaging component that is applied to or in direct contact with any food or beverage.
Additionally, effective 1 July 2027, the use of a regulated chemical as a processing agent, mould release agent, or intermediate will be considered an intentional introduction where the regulated chemical is detected in the final package or packaging component.
Utah Issues notice of exemption for slippers – filling material listing requirements
On 26 June 2024, the State of Utah issued a Notice of Exemption to exempt parts of slippers from listing the filling material under the law labelling Rule R70-101 for quilted clothing. Effective immediately, slippers that contain filling material in the top portion are exempt from listing the filling material in the bottom portion. Previously, the regulations required that any filling material used in both the top and bottom portions of slippers be explicitly listed on the textile label, but the State has determined that if the filling material in the top portion of the slippers is clearly labelled, it not necessary to list the filling material in the bottom portion on the textile label.
California OEHHA modifies proposed amendments to Prop 65
On 27 October 2023, California’s Office of Environmental Health Hazard Assessment issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings. The NPR included the following notable changes:
- Require identification of a specific chemical for which the short-form warning is being given.
- Clarify that short-form warnings may be used to provide safe harbour warnings for food products.
- Clarify existing safe harbour warning requirements for products sold on the internet and in catalogueues.
- Add signal word options for food warnings.
- Add new sections 25607.50, 25607.51, 25607.52, and 25607.53 to create tailored warning methods and content for exposures to listed chemicals from passenger or off-highway vehicle parts and recreational marine vessel parts.
On 13 June 2024, in response to the public comments and to improve clarity, OEHHA issued a 15-day Notice of Modification to Proposed Amendments with the following changes:
- Increase the time for implementation of revised short-form warning content from 2 years to 3 years;
- Revert to the original regulation text for most of the internet and catalogue warning content; and
- Include a new provision to provide internet retailers a 60-day grace period, from when they receive a warning or written notice changing to the new warning content to update their online short-form warnings during the 3-year implementation period.
OEHHA is requesting comments only on the modifications to the proposed amendments until 28 June 2024.
Source: 15-day Notice of Modification to Proposed Amendments: Modification to Proposed Amendments to Regulations Clear and Reasonable Warnings, Safe Harbour Methods and Content - OEHHA
See below a table summarising some recent ASTM standards updates:
|
Reference |
Title |
|
Standard Consumer Safety Specification for Infant Bath Seats |
New requirements for baby items
On 28 April 2024, the General Directorate of Medicines, Supplies and Drugs published Director Resolution Nº 052-2024-DIGEMID-DG-MINSA with the list of prohibited and restricted substances for the manufacture of baby items.
It approves the list of prohibited and restricted substances for the manufacture of baby items to adapt the list according to current international standards regarding restricted substances (chemical elements and Phthalates derived from Polyvinyl Chloride (PVC)).
It exists within the framework of the provisions of Article 8 of the Regulation for the Health Registration of Health: BABY ITEMS, APPROVED BY SUPREME DECREE N° 010-2022-SA.
It repeals Directorial Resolution No. 159-2022-DIGEMID-DG-MINSA, dated the 16th of December 2022.
This publication is effective from its publication date.
Regulatory proposals notified to the WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
|
Notification number |
Countries |
Title |
|
Israel |
SI 17022 - Child care articles - Bathing aids - Safety requirements and test methods |
|
|
Israel |
SI 17072 - Child care articles - Bath tubs, stands and non-standalone bathing aids - Safety requirements and test methods |
|
|
Israel |
SI 11130 - Children's furniture – Cribs – Safety requirements and test methods |
|
|
Perú |
Draft Technical Regulation on Reusable Plastic Bags |
|
|
Ecuador |
Draft first revision (1R) of Ecuadorian Technical Regulation (PRTE) No. 089: Toy safety |
|
|
Ecuador |
Draft second revision (2R) of Ecuadorian Technical Regulation PRTE No. 061 “Paints" |
|
|
Ecuador |
Draft first revision (1R) of Ecuadorian Technical Regulation (PRTE) No. 210: Toothbrushes |
|
|
United Kingdom |
Draft Regulations The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 |
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”)
Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 69 alerts regarding toys, childcare articles and children's equipment products were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Fancy-dress costume |
|
|
|
Dot marker set |
|
|
Craft kit |
|
|
|
Fancy-dress accessories |
|
|
|
Inflatable toy |
|
|
|
Plastic toy |
|
|
|
Toy ball with Pokémon |
|
|
|
Soft ball |
|
|
|
|
Toy truck |
|
|
|
Inflatable ball |
|
|
|
Babies' clothing |
|
|
Bead track |
|
|
|
Keyring with sift toy |
|
|
|
Toy squid |
|
|
|
Wooden toy |
|
|
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Toy train |
|
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Toy set |
|
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Toy trumpet |
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Toy kitchen set |
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Toy animal |
|
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Toy with sweets |
|
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Teether with clip |
|
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|
Toy rattle |
|
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Teething ring |
|
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Soother holder |
|
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|
Soft toy |
|
|
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|
Baby bottle |
|
|
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Bath toys |
|
|
|
Magnetic toy |
|
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Toy gun set |
|
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Toy telephone |
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|
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Plastic swing |
|
|
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Electric toy |
|
|
Flying ball toy |
|
|
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Baby bottle |
|
|
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Toy scooter |
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Children's balance bike |
|
|
|
Baby walker |
|
|
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Magnetic toy |
|
|
|
Toy pushchair |
|
|
|
Plastic swing |
|
|
|
Baby walker |
|
|
|
Playpen |
|
|
|
|
Trampoline bungee set |
|
|
|
Baby nest |
The following 15 alerts regarding jewellery were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Set of Bracelets |
|
|
Necklace |
|
|
|
Beads |
|
|
|
Jewellery set |
|
|
|
Chain with pendants |
|
|
|
Bracelet |
|
|
|
Ring |
The following 3 alerts regarding furniture were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Wooden bed |
|
|
|
Learning tower |
|
|
|
Mirrored bathroom cabinet |
The following 2 alerts regarding decorative items were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Magnetic gemstones |
|
|
|
Magnet for fridge |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 5 alerts regarding food contact materials related to children's tableware were reported from 21 April 2024 to 20 May 2024.
|
Product |
Notes |
|
|
Melamine bowl |
Migration of melamine in plastic bowls |
|
|
Bamboo fibre tableware and lunch boxes |
Unauthorised use of bamboo fibres mixed with plastics in food contact material |
|
|
Polycarbonate mould |
Bisphenol A in polycarbonate mould |
|
|
Folding knife |
Bisphenol A in knife |
|
|
Melamine bowl |
Insufficient material stability. The stability of the material shall be considered insufficient due to the fact that the specific migration of melamine increases from the first to the third migration test. |
|
OPSS issues Product Safety Alerts on the UK market.
The following 12 alerts regarding toys, childcare articles and children's equipment products were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Children’s flip flops |
|
|
|
Plastic Flashing LED Ring |
|
|
|
Magic Doodle Mat |
|
|
Toy Sword |
|
|
|
Baby Sensory Toy |
|
|
|
Baby Auto Swing Chair |
|
|
|
Baby Sleep Suits |
|
|
|
Baby soother |
|
|
|
Plush toys |
|
|
|
|
Baby Walker |
The following 2 alerts regarding furniture were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Grey cuddle cushion |
|
|
|
Bunkbed and mattress |
The following 8 alerts regarding consumer products were reported between week 20 and week 23 of 2024.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Ladder |
|
|
Telescopic Ladder |
From 6 June 2024 to 27 June 2024, the CPSC (Consumer Product Safety Commission) published the following recalls:
4 recalls regarding toys and childcare products
|
Hazard |
Number of alerts |
Notes |
|
|
|
Sling carriers |
|
Perforations, twisting and/or blockage of the intestines, infection, blood poisoning and death |
|
Magnetic chess game |
|
|
|
Toy trunk storage |
|
|
|
Kid’s gardening tool sets |
13 recalls of consumer products
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Gun safe |
|
|
|
Rope ascender |
|
|
|
Bicycle |
|
|
|
Strap crampons |
|
|
|
Waxing kit |
|
|
|
Glass mugs |
|
|
|
Blending container |
|
|
|
Auto belay device |
|
|
|
Candle |
|
|
|
Dresser |
|
|
|
Mattresses |
|
|
|
Bookcase |
|
|
|
Lounge chairs |