Toys & Hardlines regulatory updates March 2023
European Commission publishes a proposal on ‘green claims’
On 22 March 2023, the European Commission put forward a proposal for a directive on substantiation and communication of explicit environmental claims, 'green claims directive', (COM/2023/166 final).
The proposal requires companies to substantiate claims relating to the impacts of their products and the activities of the organization on the environment using robust, science based and verifiable methods.
The directive would establish minimum requirements on the substantiation and communication of voluntary environmental claims and environmental labelling in business-to-consumer commercial practices, without prejudice to other EU legislation setting out conditions on environmental claims for certain products or sectors. It would also set up specific requirements for comparative claims.
More information can be found on the European Commission‘s website here.
2023 annual union work programme for European standardisation publication
On 13 March 2023, the European Commission published the 2023 annual union work programme for European standardisation.
This notice identifies the European standards and European standardisation deliverables that the Commission intends to request for 2023, together with specific objectives and policies for the standards and deliverables indicated in the notice annexe.
The annexe in the Notice contains actions for the development and revision of European standards and European standardisation deliverables, which are necessary for the support of union legislation and policies and thereby reinforce the EU’s leading role in global standards-setting.
The 2023 annual union work programme for European standardisation contains 84 actions divided into four main categories:
- Green transition such as quality of water, treatment of wastewater and reduction of microplastics released into the environment
- Digital transition such as safe and trustworthy artificial intelligence systems
- Resilience of European industries
- Internal market for products and services such as:
- Safety of toys
- Safety of consumer products
- Personal protective equipment
- A service market for office equipment
One of nine 2023 strategic priorities includes the deployment of the digital product passport for consumer products.
For more information, please consult the official publication on the European Commission website here.
The annual statement relating to non-recycled plastic packaging waste
On 17 March 2023, European Commission published Commission Implementing Regulation (EU) 2023/595 of 16 March 2023 establishing the form for the statement relating to the own resource based on non-recycled plastic packaging waste pursuant to Council Regulation (EU, Euratom) 2021/770.
This Regulation establishes the form for the statement relating to its own resource based on non-recycled plastic packaging waste. The annual statement shall serve as a supporting document for the Commission’s control and supervision of the own resource based on non-recycled plastic packaging waste.
This Regulation shall enter into force on 6 April 2023.
The latest consultations by the European Commission related to chemicals are as follows:
Status |
Publication |
Commission adoption planned for second quarter 2023 |
Consumer rights - adapting out-of-court dispute resolution to digital markets |
Commission adoption planned for second quarter 2023 |
Revision of EU rules on food contact materials
This initiative aims to modernise the rules, to:
The European Commission notified the World Trade Organization of the draft (G/TBT/N/EU/953) on 27 February 2023. |
Updated standard list of childcare articles
On 2 February 2023, the French authorities published the following notice:
It updated the standard list regarding the use of childcare articles. The updated standards are:
Reference |
Title |
Reference of the standard replaced |
End date of application of the norm replaced |
NF EN 716-1+AC : March 2019 |
Furniture – Children’s cots and folding cots for domestic use – Part 1: Safety requirements |
NF EN 716-1 (February 2018) |
01 December 2023 |
NF EN 1888-1 + A1 (April 2022) |
Childcare articles – Wheeled child conveyances – Part 1: Pushchairs and prams |
NF EN 1888-1 (December 2018) (April 2012) |
01 December 2023 |
The childcare products that comply with the replaced standards may continue to be manufactured and placed on the market or imported until the expiration date of the replaced standard application is reached and all remaining stock has been exhausted.
Requirements for producers of packaging for the catering sector
On 8 March 2023, the Minister for Ecological Transition and Territorial Cohesion published the Decree No. 2023-162 of March 7, 2023 relating to packaging waste and establishing the extended responsibility chain for producers of packaging used to market products consumed or used by professionals in the catering industry.
Legal persons who place packaged products consumed or used by catering professionals on the national market will be required to organise or contribute to the management of waste from the packaging of these products.
The decree specifies the field of application of this sector by defining the packaging as well as the producers targeted by these provisions. The decree defines the categories of packaging falling under this new EPR sector.
The provisions of the decree will go live the day after its publication.
AGEC Law measures that are in progress and to come
The "AGEC" law has considerably accelerated the change in the production and consumption model, by inviting producers to question the lifecycle of the products they produce and how they can be disposed of ultimately, and the environmental impact this may have.
Today, several measures are already playing an active part in our daily lives. Others are being deployed, with the same purpose. Below, is a summary of ten measures of the anti-waste law that are already at work:
- Prohibition of several single-use plastic products, which pollute the environment
- End of disposable tableware in restaurants, especially fast food restaurants, for meals eaten on site
- Removal of plastic packaging around fruits and vegetables that can be sold in bulk
- Deployment of a new sorting information on the majority of everyday products to simplify sorting, give a second life to used products and improve recycling
- Generalisation of the collection of plastic packaging in the yellow bin
- A repairability index on electronic products, to better inform consumers and extend the life of products
- Obligations for manufacturers to put detailed information on the environmental characteristics of products online. For example, for textiles and the geographical traceability of the various stages of the manufacturing process
- Prohibition on disposing of non-food items that have not been sold
- The "repair bonus" for electrical and electronic devices
- Implementation of in-store take-back of several everyday objects: furniture, toys, sports and leisure items, DIY and gardening items
Ten measures that will soon be implemented to continue the fight against all forms of waste in our daily lives:
- Go beyond the repairability index by creating a new durability index for electronic products
- Cash receipts printed on demand for small daily purchases
- Creation of a new circular economy sector to better reuse and recycle packaging from the professional sector
- Go further on the collection of packaging, in particular plastic bottles, to aim for 90% collection for recycling in 2029 and develop the reuse of bottles
- Generalise packaging sorting bins in public spaces
- Implement the plastic packaging reduction, reuse and recycling (3R) strategy
- Transforming the textiles sector with the new 2023-2028 roadmap
- Develop plastic microfiber filter solutions on washing machines to avoid releases of microplastics that pollute the ocean
- Provide the French with a solution for collecting food scraps to convert this bio-waste into biogas or compost useful for the circular economy of the territories
- Deploy eco-design bonuses and penalties to encourage manufacturers to make their products more sustainable and recyclable/ eco-friendly
For more information, please visit the Ministry of Ecological Transition and Territorial Cohesion website here.
An investigation into the imitation firearms for play safety
On 23 February 2023, DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) published a news article/report about Objects resembling a firearm investigations which is a concern for play safety.
The regulations governing the marketing of imitation firearms only apply to replica firearms, objects whose kinetic energy of the projectiles is greater than 0.08 joules and less than 2 joules. These are used in particular for the practice of airsoft. Imitation firearms are not regulated and must therefore meet the general safety requirement provided for in Article L.421-3 of the Consumer Code. However, if these are designed to be used for play purposes by children under the age of 14, they must then be considered as toys, and are therefore subject to Decree No. 2010-166 of 22 February 2010, on the safety of toys.
Beyond 2 joules, these are category D weapons, which come under the internal security code, the application of which the DGCCRF agents are not competent to control.
It is the responsibility of distributors to check beforehand the presence of regulatory markings on the products and their packaging and to ensure the safety of use of these products, particularly by separating their commercial toys, replica weapons firearms and real weapons of category D, according to the kinetic energy of the projectiles, an exclusive criterion of categorization.
Producers required to collect data on packaging
On 27 February 2023, The Packaging Waste (Data Reporting) was published in England and Northern Ireland.
S.I. 2023 No. 25 - The Packaging Waste (Data Reporting) (No.2) Regulations (Northern Ireland) 2023
S.I. 2023 No.219 - The Packaging Waste (Data Reporting) (England) Regulations 2023
These regulations impose requirements on producers who are established in England and Northern Ireland to collect data on the packaging they supply to others, and, in some cases, to report some of that information to the Environment Agency.
For more information, consult the GOV.UK’s website here.
US EPA amends formaldehyde standards for composite wood products
On 21 February 2023, the US Environmental Protection Agency (EPA) issued a Final Rule (88 FR 10468) to amend the formaldehyde standards for composite wood products regulations under the Toxic Substances Control Act (TSCA). The Final Rule went into effect on 23 March 2023.
The following changes have been made under the Final Rule:
- Updated Incorporation-By-Reference (IBR) for certain voluntary consensus standards in 40 CFR 770.99 to reflect the most recent editions of those standards issued by the relevant standard organizations
- Conformed Voluntary Consensus Standards in Scope and Definitions
- Increased flexibility for Third-Party Certifiers (TPC) by allowing TPCs to utilize external evaluations resources, such as contracting out inspections to a third party in order to complete the certification process in which TPCs certify that the products are TSCA Title VI compliant
- Addressed remote inspections to allow it when in-person, on-site inspections are temporarily impossible because of unsafe conditions caused by natural disasters, health crises, or political unrest
- Improved regulatory consistency through technical corrections
CPSC updates safety standard for non-full size baby cribs
On 6 March 2023, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1220) to update the mandatory Safety Standard for Non-Full Size Baby Cribs. The final rule incorporates the latest version of ASTM F406-22, Standard Consumer Safety Specification for Non-Full Size Baby Cribs, with a few modifications.
ASTM F2670-22 includes a new requirement for loops formed by cords and straps and revisions to the scope to clarify the coverage of applicable provisions of the standard to all non-full size cribs.
The direct final rule will become effective on 3 June 2023 unless the CPSC receives significant adverse comments by 5 April 2023.
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
Notification number |
Countries |
Title |
Uruguay |
Draft MERCOSUR Technical Regulation on silicones intended for the manufacture of materials, packaging, linings and equipment in contact with food |
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 67 alerts regarding childcare articles, equipment, and toys were reported between week 8 and week 11 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Corrector pen |
|
Modelling clay |
|
|
Balloons |
|
|
Plastic Doll and Doll set |
|
|
Finger paints |
|
|
Toy slime |
|
|
|
Soft toy |
|
|
Soft toy |
|
Toy xylophone |
|
|
Toy rattle |
|
|
Puzzle play mat |
|
|
Puffer toy |
|
|
Baby toy |
|
|
Toy soap |
|
|
|
Magnet building set |
|
|
Toy bow and arrows set |
|
|
Plastic toy |
|
|
Toy gun |
|
Toy telephone |
|
|
|
Radio-controlled snake toy |
|
|
Children`s cot |
|
|
Toy crossbow set |
|
Pull-along toy |
|
|
Toy gun |
|
|
Wooden toy |
|
|
Activity cube toy |
|
|
Baby carrier |
|
|
Baby pushchair |
|
|
|
Toy crossbow |
|
|
Fancy dress |
|
Soft toy |
The following 39 alerts regarding hard goods/ miscellaneous goods were reported between week 8 and 11 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Bracelets and Earrings (individual and set) |
|
Ring |
|
|
Hair Clip |
|
|
Broch and Waist Jewellery |
|
|
Pendant and Necklace |
|
|
Corrector pen |
|
|
Training weightlifting gloves |
|
|
|
Candles |
|
Sky lantern |
|
|
|
Coffee cup |
The following 4 alerts regarding furniture were reported between week 8 and 11 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Sofas/Footstools |
|
|
Children's Cot |
|
|
Cuts, Injuries |
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 February 2023 to 20 March 2023.
Product |
Substance / Hazard |
|
Plastic container |
Global migration above the limit in FCM |
|
Cardboard plate |
Migration of DBP - dibutyl phthalate, of DEHP - di(2-ethylhexyl) phthalate and of DIBP - diisobutyl phthalate from cardboard plates |
|
Melamine tableware |
Unsatisfactory migration analysis on melamine tableware |
|
Stainless steel forks |
Global Migration and Specific Migration of Chromium exceeding the permitted limits in steel forks |
OPSS issues Product Safety Alerts on the UK market. The following alerts regarding toys and childcare products were reported between week 8 and week 11 2023.
8 recalls regarding toys and childcare products
Type of Risk |
Number of alerts |
Notes |
|
|
Teething Toy |
Kids Drum |
||
|
|
Jumping Ball |
|
|
Vampire kit (teeth and blood) |
Egg Shaker |
||
Teddy Bears |
||
Musical Instruments |
||
|
|
Bathtub toy |
5 recalls regarding furniture
Type of Risk |
Number of alerts |
Notes |
|
|
Upholstered Sofas and Chairs |
7 recalls regarding hard goods/ miscellaneous goods
Type of Risk |
Number of alerts |
Notes |
|
|
Mineral Bookends |
|
|
Insulated Food and Drink Bottles |
|
|
Latte Mug |
|
|
Candle |
|
|
Bathroom cabinets with mirror |
|
|
Extendable Ladder |
From 23 February 2023 to 17 March 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:
4 recalls regarding Toys and childcare products
Hazard |
Number of alerts |
Notes |
|
|
High-chairs |
Strollers |
||
|
|
Crib bumpers |
|
|
Infant’s bottle and pacifier |
10 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
|
|
Ski boots |
|
|
Children’s Bicycle helmets |
|
|
Candles |
|
|
Electric heating blankets |
|
|
Wakeboard bindings |
|
|
Mirrors |
Scented candles |
||
|
|
Lawn mowers |
Powerbanks |
||
|
|
Heated blankets |
2 recalls of food contact materials
Type of Risk |
Number of alerts |
Notes |
|
|
Children’s bamboo plates |
|
|
Outdoor cooking system |
5 recalls of furniture
Type of Risk |
Number of alerts |
Notes |
|
|
Bedframes |
|
|
Bookcases |
|
|
Office chairs |
|
|
Bed rails |