Eurofins Toys & Hardlines Monthly Bulletin (May 2024)

EUROPE

The Council gives support to updating toy safety rules

On 15 May 2024, the Council of the European Union published its support for the interinstitutional file (2023/0290(COD)), which is a European Commission proposal for the safety of toys and a repeal of Directive 2009/48/EC.

The general objective of the proposal is to safeguard from harmful chemicals and strengthen the enforcement rules via a new digital product passport.

Furthermore, the Council introduces several improvements to clarify the obligations of economic operators and online marketplaces.

Negotiations with the European Parliament will start as soon as the new Parliament adopts its position.

New rules to enhance product sustainability

In May 2024, the legislative act related to eco-design products was adopted. Following the Council's and European Parliament's approval, the regulation will be published in the Official Journal of the European Union and will enter into force on the 20th day following its publication. It will apply from 24 months after the entry into force.

Soon, new eco-design measures will be applied to consumer products such as textiles, furniture and tyres. Regarding clothing and footwear, the destruction of unsold items will be banned and consumers will have accurate and up-to-date information to make purchasing choices via newly-introduced digital product passports.

European Commission publications about the quality of water

On 23 April 2024, the European Commission published several delegated regulations and implemented decisions regarding the quality of water intended for human consumption. See below:

Reference	Title
C/2024/237	Commission Implementing Decision (EU) 2024/367 as of 23 January 2024, laying down rules for the application of Directive (EU) 2020/2184 of the European Parliament and of the Council by establishing the European positive lists of starting substances, compositions and constituents authorised for use in the manufacture of materials or products that come into contact with water intended for human consumption.
C/2024/238	Commission Implementing Decision (EU) 2024/368 as of 23 January 2024, laying down rules for the application of Directive (EU) 2020/2184 of the European Parliament and of the Council regarding the procedures and methods for testing and accepting final materials as used in products that come into contact with water intended for human consumption.
C/2024/239	Commission Implementing Decision (EU) 2024/365 as of 23 January 2024, laying down rules for the application of Directive (EU) 2020/2184 of the European Parliament and of the Council regarding methodologies for testing and accepting starting substances, compositions and constituents to be included in the European positive lists.
C/2024/240	Commission Delegated Regulation (EU) 2024/369 of 23 January 2024, supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by laying down the procedure regarding inclusion in or removal from the European positive lists of starting substances, compositions and constituents.
C/2024/241	Commission Delegated Regulation (EU) 2024/370 as of 23 January 2024, supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by laying down conformity assessment procedures for products that come into contact with water intended for human consumption and the rules for the designation of conformity assessment bodies involved in those procedures.
C/2024/242	Commission Delegated Regulation (EU) 2024/371 as of 23 January 2024 supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by establishing harmonised specifications for the marking of products that come into contact with water intended for human consumption.

ITALY

New CONAI Guidelines to the Environmental Contribution 2024

The Italian National Packaging Consortium (CONAI) published a full series of specific guidelines for environmental contribution. The guidelines are:

Other interesting links related to environmental labelling:

How to read environmental labelling
What is not packaging (Regulatory references – Legislative Decree. 152/06)

Update to the Product Safety and Metrology Regulations

On 18 April 2024, a notice related to safety standards was announced in support of The General Product Safety Regulations 2005.

The list of published standards set out in Annex I to notice 0072/22 is amended in accordance with Annex I to notice 0100/24 from the date of this notice.

To view the full list, refer to the Guidance Standards: General Product Safety here.

Regulatory proposals notified to WTO

The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number	Entity	Title
G/TBT/N/GBR/85	Department of Environment, Food & Rural Affairs	The Deposit Return Scheme for Drinks Containers (England and Northern Ireland) Regulations 2024 The objective of this policy is to boost recycling rates of in-scope containers, reduce littering, and provide a greater opportunity to collect high quality, uncontaminated materials in greater quantities.
G/TBT/N/GBR/88	Department for Business and Trade	The Product Safety and Metrology etc. (Amendment) (Marking and Labelling) Regulations 2024 Measures to give businesses additional flexibility when labelling their products. The measures are trade-liberalising, giving businesses additional choices when meeting their labelling requirements for the GB market.

CPSC approves Safety Standard for Infant and Cradle Swings

On 30 May 2024, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register a direct final rule for the Safety Standard for Infant and Cradle Swings (16 CFR 1223). 16 CFR 1223 was updated to reference the most recent 2024 version of ASTM F2088 Standard Consumer Safety Specification for Infant and Cradle Swings as being mandatory with no modifications required.

ASTM F2088-2024 includes changes to address the strangulation and entrapment hazard to non-occupants associated with tethered straps and cords on swings.

The Direct Final Rule will become effective on 14 September 2024, unless the CPSC receives a significant adverse comment by 1 July 2024.

Maine prohibits PFAS in food packaging

On 25 May 2024, the State of Maine updated Chapter 80: Reduction of Toxics in Packaging to prohibit intentionally added Perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the following 9 types of food packaging made of paper, paperboard or other materials originally derived from plant fibres which are intended for short-term storage or to hold freshly prepared food:

Bags and sleeves
Bowls
Closed containers
Flat serviceware
Food boats
Open-top containers
Pizza boxes
Plates
Wraps and liners

The prohibition does not apply to a manufacturer of a food or beverage product that is contained in a food package or to which a food package is applied if that manufacturer has less than $1,000,000,000 of total annual national sales of food and beverage products.

The Final Rule became effective on 25 May 2024.

Colorado amends the PFAS Law

On 1 May 2024, the State of Colorado approved SB 24-081 to amend HB 22-1345 which regulates perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products. The new amendment includes the following changes to HB 22-1345:

Adds new terms and definitions of products
Prohibits intentionally added PFAS in cookware on 1 January 2026 and repeals the disclosure requirement for cookware on 1 January 2026
Prohibits outdoor apparel for severe wet conditions on 1 January 2028 and repeals the labelling requirement for outdoor apparel for severe wet conditions on 1 January 2028

Please see Table 1 below for an updated summary of Colorado’s PFAS regulation.

Table 1:

Scope	Requirement	Effective Date
Carpets/rugs	Intentionally added PFAS prohibited	1 January 2024
Fabric treatments
Food packaging
Juvenile products
Oil and gas products
Cookware handle and food contact surface	Label the presence of intentionally added PFAS chemicals with the statement "FOR MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT" followed by an internet website that provides information on why PFAS was intentionally added and a QR code	1 January 2024 (will be repealed 1 January 2026)
Cookware	Shall not make a claim on the package that the cookware is free of any PFAS chemicals unless no individual PFAS is intentionally added	1 January 2024 (will be repealed 1 January 2026)
Cosmetics	Intentionally added PFAS prohibited	1 January 2025
Indoor textile furnishings
Indoor upholstered furniture
Outdoor apparel for severe wet conditions	Intentionally added PFAS prohibited, unless labelled “Made with PFAS Chemicals”	1 January 2025 (will be repealed 1 January 2028)
Cleaning products (except floor maintenance products used in hospital or medical settings)	Intentionally added PFAS prohibited	1 January 2026
Cookware
Dental floss
Menstruation products
Ski wax
Artificial turfs	Intentionally added PFAS prohibited from installation on state property	1 January 2026
Outdoor textile furnishings	Intentionally added PFAS prohibited	1 January 2027
Outdoor upholstered furniture	Intentionally added PFAS prohibited	1 January 2027
Floor maintenance products used in hospital or medical settings	Intentionally added PFAS prohibited	1 January 2028
Textile articles
Outdoor apparel for severe wet conditions
Commercial Food contact equipment

Maryland regulates PFAS in playground surface materials

On 15 May 2024, the State of Maryland signed HB 1147 into law to regulate lead and PFAS chemicals in playground surface materials. Effective 1 October 2024, a person may not use, install, supply, sell, solicit or offer for sale a state playground surfacing material that contains (1) more than 90 ppm of lead or (2) a component product, material, or substance to which PFAS chemicals were previously intentionally added in the formation of that component where the continued presence of the PFAS chemicals was desired in the component to provide a specific characteristic.

“Playground” is defined as a public outdoor recreation area for children equipped with one or more play structures.

“Playground surfacing materials” are defined as products, materials or substances used or installed on the ground surface of a playground in the state that come into direct contact with a person.

US EPA restricts methylene chloride uses

On 8 May 2024, the US Environmental Protection Agency (EPA) published in the Federal Register a final rule to expand the restriction of methylene chloride uses. The new rule will amend 40 CFR 751 to:

Prohibit the manufacture, processing and distribution of methylene chloride for all consumer use, as outlined in Unit IV.C.
Prohibit most industrial and commercial use of methylene chloride and delay prohibition for two conditions of use, as outlined in Unit IV.C.;
Require a workplace chemical protection program (WCPP), including inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls, for 13 conditions of use of methylene chloride (including manufacture; processing; several industrial and commercial uses such as laboratory use; and disposal), as outlined in Unit IV.B.;
Identify a de minimis threshold for products containing methylene chloride for the prohibitions and restrictions on methylene chloride, as outlined in Unit IV.A.;
Require recordkeeping and downstream notification requirements for manufacturing, processing, and distribution in commerce of methylene chloride, as outlined in Unit IV.E.;
Provide a 10-year time-limited exemption under TSCA section 6(g) for emergency use of methylene chloride in furtherance of the National Aeronautics and Space Administration’s mission for specific conditions which are critical or essential and for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure, as outlined in Unit IV.F., with conditions for this exemption to include compliance with the WCPP described in Unit IV.B.

Please see Table 1 below for the timeline of prohibitions:

Requirement	Effective Date
All persons are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products, to retailers for any use.	3 February 2025
All retailers are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products, for any use.	5 May 2025
All persons are prohibited from manufacturing (including import) methylene chloride.	5 May 2025
All persons are prohibited from processing methylene chloride, including any methylene chloride-containing products.	1 August 2025
All persons are prohibited from distributing in commerce (including making available) methylene chloride, including any methylene chloride-containing products.	28 January 2026
All persons are prohibited from industrial or commercial use of methylene chloride, including any methylene chloride-containing products.	28 April 2026

Standards updates

See below a table summarising some recent ASTM standards updates:

Reference	Title
ASTM F3681-24	Standard Consumer Safety Specification for Beach Umbrellas and Anchor Devices

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 51 alerts regarding toys, childcare articles and children's equipment products were reported between week 16 and week 19 of 2024.

Type of Risk	Number of alerts	Notes
Chemicals	6	Plastic ball The plastic material of the product has an excessive concentration of diisobutyl phthalate (DIBP), dibutyl phthalate (DBP), bis(2-ethylhexyl) phthalate (DEHP) and the aromatic amine 4-methyl-m-phenylenediamine. The product does not comply with the REACH Regulation or the Toy Safety Directive.
	1	Inflatable toy The toy has an excessive amount of bis (2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	1	Plastic toy The toy contains an excessive concentration of bis (2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	1	Toy pottery wheelset The product has an excessive concentration of lead. The product does not comply with the REACH Regulation or the Toy Safety Directive.
	1	Pencil case The product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	1	Soft toy It has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and dibutyl phthalate (DBP). The product does not comply with the REACH Regulation.
	1	Pencil set The plastic pencil coating has an excessive amount of bis (2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	4	Plastic doll The plastic material of the product has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) and diisononyl phthalate (DINP). The product does not comply with the REACH Regulation.
Chemical, Choking	1	LED balloons The battery compartment breaks easily, leaving button batteries accessible. The product does not comply with the requirements of the Toy Safety Directive or EN 62115.
Choking	1	Wooden toy Small wooden parts of the giraffe's tail can easily detach. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Set of toy vehicles The toys have small parts (wheels) which can easily detach. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Toy gun set The suction cups of the projectiles can easily detach. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Plastic bath toy set The bath toys set has small parts. In addition, some parts of the toy set protrude. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Toy rattles The set of rattles has small parts. In addition, some parts of the set protrude. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Teething ring A part of the teething ring may get stuck in the mouth of a small child who is unable to sit up unaided. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Nesting toy dolls The toy has small parts (the smallest cat figure). The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Pencil A small part (imitation leather hand) can easily detach. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Eraser The product lacks the appropriate age warning, therefore a small child could be given the toy and put it in their mouth. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Soother holder The product has small detachable parts (beads). The product does not comply with the requirements of the General Product Safety Directive or EN 12586.
	2	Baby self-feeding pillow During self-feeding, the baby is not able to control the flow of fluid. The fluid will continue to flow even if the baby is not swallowing. The product does not comply with the requirements of the General Product Safety Directive.
	7	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.
Choking, Suffocation	1	Soft toy with keyring The toy has a small part which were loose in the packaging and which can easily detach. Furthermore, the plastic bag of the packaging is too thin. If a child plays with the packaging, the plastic can cover the mouth and nose, causing the child to suffocate. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Entrapment, Injuries, Strangulation	1	Playground with slide and swing The product lacks a barrier on the platform, which may lead the child to fall. Moreover, there are openings between the slide and the structure's support where the child's head can be entrapped. The gap between the swing and the platform of the slide is also too small. A child can place the swing on the slide and slip, causing a risk of strangulation and injuries. The swing lacks fastening elements. If the swing is not fixed to the ground, it can tip onto a child, causing a risk of injury. The product does not comply with the requirements of the Toy Safety Directive or EN 71-8.
Entrapment	1	Changing table When the changing table is positioned horizontally under the bath unit, there is the risk that the child's head is entrapped between the flap of the changing table and the bath unit. The product does not comply with the requirements of the General Product Safety Directive.
Injuries	2	Toy gun The kinetic energy of the ejected plastic parts is too high. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Magnetic toy The toy is made of small magnets with a high magnetic flux. The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-1.
	1	Water sprinkler for trampoline The product lacks instructions for use and the required warning label to warn against using the trampoline in wet conditions. Sprinklers make the trampoline wet. The product does not comply with the requirements of the Toy Safety Directive or EN 71-14.
Injuries, Suffocation	1	Toy pushchair The toy pushchair is unstable and protruding parts are not covered with protective caps. Furthermore, the plastic bag of the packaging is too thin. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Suffocation	1	Baby sleeping bag The neck opening is too large in relation to the child’s height/age. This can increase the risk of the baby slipping inside the sleeping bag which could cover the mouth and nose. The product does not comply with the requirements of the General Product Safety Directive or EN 16781.

The following 4 alerts regarding jewellery were reported between week 16 and week 19 of 2024.

Type of Risk	Number of alerts	Notes
Chemical	1	Earrings The product releases an excessive amount of cadmium. The product does not comply with the REACH Regulation.
Chemical	1	Pendant The product has an excessive concentration of cadmium. The product does not comply with the REACH Regulation.
Chemical, Environment	1	Pendant The product releases an excessive amount of cadmium and lead. The product does not comply with the REACH Regulation.
Chemical, Environment	1	Ring set The product releases an excessive amount of cadmium and lead. The product does not comply with the REACH Regulation.

RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)

The following 4 alerts regarding food contact materials related to children's tableware were reported from 21 April to 20 May 2024.

Product	Notes
Bamboo cutting boards	Formaldehyde migration from bamboo cutting board	RASFF Window - Notification detail (europa.eu)
Melamine cup	Migration of melamine in children's tableware	RASFF Window - Notification detail (europa.eu)
Children´s enamel mug	Migration of lead from drinking rim	RASFF Window - Notification detail (europa.eu)
Ice cream container	Possible fragmentation of ice cream container made of compostable material	RASFF Window - Notification detail (europa.eu)

OPSS issues Product Safety Alerts on the UK market.

The following 7 alerts regarding toys, childcare articles and children's equipment products were reported between week 16 and week 19 of 2024.

Type of Risk	Number of alerts	Notes
Chemicals	1	Interactive mat Excess concentrations of phthalates within the inner red wiring of the toy. The product does not meet the requirements of the REACH Regulations 2008 or the Toys (Safety) Regulations 2011.
Chemicals	1	Colouring pencils They were found to contain phthalates at levels that exceed the legal limit. The product does not meet the requirements of the REACH Enforcement Regulations 2008.
Choking	1	Baby play mat The foam plastic filling inside of the arch is easily accessible due to the weakness of the seams, constituting a small part. Additionally, the ends of foam arches with plastic inserts are of a shape that can present choking and impaction risks. Some of the required documentation and markings were not present. The product does not meet the requirements of the Toys (Safety) Regulations 2011.
Choking	1	Plush toys The presence of accessible small parts. A young child could place the small parts in their mouth and choke. The product does not meet the requirements of the Toys (Safety) Regulations 2011.
Burn or fire hazard	1	Audio equipment for children It contained a battery that overheated when at a high state of charge, posing a potential burn or fire hazard. The product does not meet the requirements of the Toys (Safety) Regulations 2011.
Injuries	1	Baby dining chair It is insufficiently robust to prevent falls, with sides that are too short and insufficient strength in the backrest to hold the user in place. The holes on the side of the chair are of a size and shape that could allow young children to insert their fingers, posing an entrapment hazard. The bag used for packaging was also insufficiently thick and presented an asphyxiation hazard. The product does not meet the requirements of the General Product Safety Regulations 2005.
Injuries	1	Car seat There is a small internal component issue in certain batches of car seats, which may result in the harness not locking properly when pulled. This could potentially compromise the safety of the child. The affected products do not meet the requirements of the General Product Safety Regulations 2005.

The following 1 alert regarding jewellery was reported between week 16 and week 19 of 2024.

Type of Risk	Number of alerts	Notes
Chemical	1	Earrings The nickel content was found to be greater than the maximum permissible limit. The product does not meet the requirements of the REACH Enforcement Regulations 2008.

U.S.

From 25 April to 30 May 2024, the CPSC (Consumer Product Safety Commission) published the following recalls:

4 recalls regarding toys and childcare products

Hazard	Number of alerts	Notes
Fall	1	Cribs The mattress support pins can become loose and allow the mattress to fall, posing a fall hazard to children.
Crash	1	Children’s car toy If the acceleration pedal on the battery-operated ride-on toy becomes clogged with debris, it can stick after the user’s foot is removed from the pedal, posing a crash hazard.
Choking	2	Children’s sipper bottles The silicone cover on the sipper can detach while in use, posing a choking hazard to children.
Choking	2	Toy pinwheels The pinwheel’s fastener cap can come loose and detach, posing a choking hazard to young children.

11 recalls of consumer products

Type of Risk	Number of alerts	Notes
Overexposure to loud noise and sound	1	Noise-reducing earmuffs The recalled noise-reducing earmuffs can develop cracks in the coloured portion of the plastic cups, posing a risk of overexposure to loud noise and sound.
Head injury	2	Children’s bike helmets The helmets do not comply with the dynamic strength of the retention system, impact attenuation and certification requirements of 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.
Injury	1	Air rifle An uncocked and loaded air rifle can discharge unexpectedly if jolted or dropped, posing an injury hazard.
Tip-over and entrapment	1	Children’s dressers The recalled dressers are unstable if they are not properly anchored to the wall, posing serious tip-over and entrapment hazards that can result in injuries or death to children. The dressers violate the performance requirements of the STURDY Act.
Lead	1	Foam pattern rollers The recalled foam pattern rollers are intended for children and contain levels of lead that exceed the federal lead content ban in the rollers’ handles. Lead is toxic if ingested by young children and can cause adverse health effects.
Infection	1	Dog wipes When the recalled dog eyelid wipes are opened and in use, bacteria and fungi, which are organisms found widely in the environment, soil, and water, can be introduced and grow in the container, posing a risk of serious infection to people with weakened immune systems. Individuals with wounds may also be at higher risk of infection. People with healthy immune systems are not typically affected.
Fall	1	Swivel chair The swivel chair’s base can break, posing a fall hazard.
Entrapment	1	Drain covers The recalled drain covers do not conform to the entrapment protection standards of the Virginia Graeme Baker Pool and Spa Safety Act (VGBA), posing an entrapment hazard to swimmers and bathers.
Entrapment and death by asphyxiation	1	Portable bed rails When the recalled bed rails are attached to an adult’s bed, users can become entrapped within the bed rail or between the bed rail and the side of the mattress. This poses a serious entrapment hazard and risk of death by asphyxiation.
Suffocation	1	Crib bumpers Infants can suffocate if they roll or move on the crib bumper in a position that obstructs breathing. Padded crib bumpers are banned under federal law.