Toys & Hardlines regulatory updates October 2023

EUROPE

European Commission's thinking about the restriction of microplastics intentionally added to products

On 17 October 2023, the European Commission has published its current thinking on the application of the microplastics restriction, (Entry 78 of Annex XVII of REACH), including plastic glitter on its own and in products.

The prohibition of placing on the market applies as of 17 October 2023 to microplastics including plastic glitter (unless biodegradable or soluble), on their own or intentionally added to products, for uses for which no transitional period is set in the restriction (e.g. art and crafts kits, toys, Christmas decorations, etc.).

Some key points from the European Commission’s thinking as published yesterday:

Plastic glitter is not affected by the ban if, when used, it is trapped in a solid matrix (e.g. glitter glue), solid films (e.g. paints, inks) or solid objects (e.g. inside jewellery, spray can caps, etc.) or is fully contained (e.g. in snow globes)
When microplastics, including glitter, are affixed to an article, the scenario is more complex and depends on whether the microplastics can be considered an integral part of that article (and therefore the ban does not apply, because articles are out of scope) or not (in which case the ban applies to the microplastics). As a general rule:
- In case of glittered articles for which the decorative function is secondary - such as textiles used for garments or footwear, glitter is always regarded as an integral part of the article. These glittered articles – e.g. clothing, shoes, curtains - are out of the scope of the restriction
- Concerning plastic glitter that is affixed to objects, the sale ban would apply as of 17 October 2023 only to glittered decorative objects (such as - but not limited to - Christmas decorations or toy/party hats) from which glitter detaches during normal use (glitter can only be regarded as an integral part of the article and, therefore, excluded from the ban, if it does not detach from the article during normal end use (including storage)
At this stage, the Commission is not in a position to recommend a standard test to prove whether glitter detaches during normal end use
In order to benefit from the derogation in paragraph 16 of the restriction and continue to be sold, imported products not benefiting from a transitional period under paragraph 6 (e.g. art and craft kits, toys) need to arrive on the customs territory of the EU before 17 October 2023

The above is the current thinking of the European Commission. It will have to be seen, when the official Q&A guidance about this restriction would be released by the end of the year, how or which method would be recommended to demonstrate that the glitter does not detach during normal use, if any.

For glittered articles to be exempted from this restriction, it is essential to ensure glitter is permanently applied on any type of product so that it is not detached during normal use.

Read the full details of the European Commission’s thinking here.

New European initiatives related to General Product Safety Regulation

On 13 October 2023, the European Commission published several initiatives related to Regulation (EU) 2023/988 on General Product Safety, Safety Gate Portal and product safety recalls.

All these initiatives will be adopted by the European Commission between the second and third quarter of 2024.

Below is a summary table with the published initiatives:

Published initiatives

Commission adoption planned

Product safety – indicators for reporting on the General Product Safety Regulation

It will set out the indicators for Member States to report on the application of the General Product Safety Regulation.

Second quarter 2024

Modalities for consumers and other interested parties to inform the Commission about potentially dangerous products

It sets out the modalities for the sending of information and the transmission of information to the national authorities concerned.

Second quarter 2024

Interoperable interface of the Safety Gate Portal

The technical framework for the set-up and functioning of the interoperable interface enables providers of online marketplaces to link their interfaces with the Safety Gate Portal in an easy, quick and reliable way.

Third quarter 2024

Product safety recall notices (template)

It sets out the recall notice template listing all the information that it must contain.

Third quarter 2024

Dangerous products rapid alert system – roles of the ‘Safety Gate’ national contact points

It specifies the role and tasks of single national contact points, as per Article 25 of the GPSR.

Third quarter 2024

FRANCE

List of substances with endocrine disrupting properties is established

On 12 October 2023, the Minister of Ecological Transition and Territorial Cohesion published several Decrees of 28 September 2023 relating to substances with endocrine disrupting properties.

One of the Decrees (text No. 13) identifies:

substances which have properties of endocrine alterations qualified as proven and presumed, may be made available to the public for commercial purposes;
substances with endocrine disrupting properties classified as suspicious;
the categories of products that present a particular risk of exposure to which the obligation of information applies to the presence of endocrine disrupting substances classified as suspicious

It aims to provide information to consumers about the presence of substances with endocrine disrupting properties in ingredients, mixtures, articles and food products, as indicated by the AGEC law. This information must be available through electronic means, in an open format, easily reusable and usable through an automated process system, for each product. This obligation also applies to certain categories of products that present a particular risk of exposure, which is why these endocrine disrupting properties are classified by ANSES in its specifications.

Another Decree (text No. 14) designates an alternative method of informing the public, Scan4Chem, relating to information on the presence of substances which qualify as proven, presumed, or suspected endocrine disrupting properties in products.

These Decrees came into effect on 13 October 2023.

UKNI marking and UK designated standards guidance updated

On 31 August 2023, guidance about using the UKCA marking was updated by the Department for Business and Trade and the Department for Business, Energy & Industrial Strategy.

Below is a table with the recent updates relating to the UK guidance for consumer products that the Department for Business and Trade and Office for Product Safety and Standards have published:

Date	Title
27 September 2023	Guidance Designated standards Lists of standards that businesses can use to show their products, services or processes comply with essential requirements of legislation.
3 October 2023	Guidance Using the UKNI marking Information added to moving goods from NI and placing goods on EU market sections.
3 October 2023	Guidance Placing manufactured goods on the market in Northern Ireland Technical documentation section and information on when to use the CE marking added. The government intends to extend recognition of the CE marking for placing most goods on the market in Great Britain, indefinitely, beyond 31 December 2024. These updates apply to the 18 regulations that fall under the Department for Business and Trade (DBT).

OEHHA proposes amendment to Proposition 65 short-form warning requirements

California’s Proposition 65 (Prop 65) requires businesses to provide “clear and reasonable” warnings to Californians about significant exposures to chemicals known to the state to cause cancer, birth defects or other reproductive harm.

In 2018, the California Office of Environmental Health Hazard Assessment’s (OEHHA) most recent Prop 65 amendments went into effect, which included short-form safe harbour warnings as an alternative to the standard safe harbour warnings. The short-form warnings do not require identification of a specific chemical exposure for which a warning is being given. In light of this, the OEHHA has determined that additional amendments are necessary to further the purposes of Prop 65.

On 27 October 2023, the OEHHA issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings. The NPR includes 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 catalogues
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

The following table provides a comparison between the current and proposed short-form warning requirements:

Exposure to	Current warning	Proposed warning
Carcinogen	WARNING: Cancer – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Cancer risk from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov
Reproductive toxicant	WARNING: Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov
Carcinogens and reproductive toxicants	WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov
Listed as both carcinogen and reproductive toxicant	WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov	WARNING or CA WARNING or CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to [name of chemical]. or Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov

The OEHHA has suggested that the proposed revised warnings will be required for products manufactured two years after the effective date of the amendments.

The deadline for public comments is 20 December 2023.

California regulates textile fibreglass in juvenile products, mattresses and upholstered furniture

On 8 October 2023, the State of California passed AB 1059 to prohibit textile fibreglass in juvenile products, mattresses and upholstered furniture. The prohibition will become effective on 1 January 2027.

Under the new regulation, textile fibreglass is defined as textile yarns whose composition includes one or more continuous glass filaments in a form suitable for knitting, weaving, or otherwise intertwining to form a textile fabric, but excludes the following:

Thread or fibre when used for stitching mattress components together; or
Yarns in which the glass filaments are corespun or sheathed by another fibre

Additionally, the new regulation amends Section 19101 of the California Business & Professions Code, the existing flame-retardant restriction in juvenile products, mattresses, and upholstered furniture, by making the exemption on components of adult mattresses other than foam inoperative. Thus, effective on 1 January 2027, components of adult mattresses other than foam shall also not contain more than 1,000 ppm of the covered flame-retardant chemicals.

ASTM publishes the revised Toy Safety Standard ASTM F963-23 and notifies the CPSC

On 13 October 2023, ASTM International published ASTM F963-23 Standard Consumer Safety Specification for Toy Safety, which incorporates amendments approved over recent years by the ASTM International F15.22 Subcommittee on Toy Safety.

Under section 106(g) of the CPSIA, if ASTM proposes revisions to ASTM F963, ASTM must notify the Commission. The revised standard shall be considered a consumer product safety standard issued by the CPSC effective 180 days after the date on which ASTM notifies the Commission of the revision, unless, within 90 days after receiving that notice, the Commission notifies ASTM that it has determined that the proposed revision does not improve the safety of toys.

On 23 October 2023, ASTM notified the CPSC that the revised ASTM F963-23, Standard Consumer Safety Specification for Toy Safety, has been published. Based on the timeline in Section 106(g) of the CPSIA, ASTM F963-23 will become a mandatory toy safety standard effective April 20, 2024, unless the CPSC rejects those revisions by 21 January 2024.

Technical requirements for the following toy safety requirements were revised:

Battery-operated toys
Expanding materials
Sound producing toys (acoustics)
Projectile toys

The standard was also revised to align with the CPSC requirements for phthalate content, heavy elements (metals) – toy substrate material exemptions, and CPSIA Section 103 tracking labels for children’s products.

On 2 November 2023, the CPSC published a notice of availability and request for comment, to seek public comment on the revisions to improve the safety of toys. The public comments will help staff assessment and any subsequent Commission consideration of the revisions of the toy safety standard. The deadline for public comment is 16 November 2023.

For more information, read the CPSC Notice here.

PRODUCT RECALLS / ALERTS

Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)”), the U.K. (Source "OPCC") 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 57 alerts regarding toys, childcare articles and children's equipment products were reported between weeks 39 and 42 of 2023.

Type of Risk	Number of alerts	Notes
Burns	1	Fancy-dress costume The product is highly flammable. Children may wear the costume close to an ignition source and the costume may catch fire. The product does not comply with the requirements of the Toy Safety Directive or EN 71-2 and EN 71-2.
Burns, Fire	1	Remote controlled plastic toy car The toy may overheat, which may result in a short circuit of the product's electronic components. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Chemical	8	Plastic doll The plastic material of the head of the doll has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DNOP), di-'isononyl' phthalate (DINP) and dibutyl phthalate (DBP). The product does not comply with the REACH Regulation.
	1	Balloons The rubber of the balloons releases an excessive amount of 4-nitrosomorpholine (NMOR). The product does not comply with the requirements of the Toy Safety Directive or EN 71-12.
	1	Modelling clay The product contains a mixture of the preservatives methylisothiazolinone (MI) and methylchloroisothiazolinone (MCI). The product does not comply with the requirements of the Toy Safety Directive or EN 71-10 and EN 71-11.
	1	Finger paint The paint contains a mixture of the preservatives methylisothiazolinone (MI) and methylchloroisothiazolinone (MCI). The product does not comply with the requirements of the Toy Safety Directive or EN 71-10 and EN 71-11.
	1	Musical toy The battery packaging can easily be opened without the use of a tool, making the batteries accessible. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Soft plastic toy The plastic material of the product has an excessive concentration of di-‘isononyl’ phthalate (DINP), di-‘isodecyl’ phthalate (DIDP) and di-n-octyl phthalate (DNOP). The product does not comply with the REACH Regulation.
	1	Toy slime The migration of boron from the toy slime is too high. The product does not comply with the requirements of the Toy Safety Directive or with EN 71-3.
Chemical, Choking	1	Plastic toy with LED light The battery compartment can easily be opened without the aid of a tool, leaving button batteries accessible. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Chemical, Choking, Strangulation	1	Soft toy Small parts (nose and suction cup) can easily detach. A small child may put them in the mouth and choke. The product does not comply with the REACH Regulation, the requirements of the Toy Safety Directive or EN 71-1.
Choking	4	Soft toy The toy has small parts and fibrous stuffing material which is easily accessible and may easily detach. These products do not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Plush toy Small part (eye) can be detached. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	10	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.
	1	Baby teether The product chain can become loose and give access to small parts. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Key ring with soft toy Small parts (metal keyrings and the plastic nose of the plush toy) detach too easily. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Plastic toy gun The product has small detachable parts (foam projectiles). The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Play dough bauble The product can easily break, resulting in small parts. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	2	Rattle toy The toy has small parts (swan beak, button, cover). The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Set of toy vehicles The product can easily break, resulting in small parts. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Skateboard for toy The wheel and axle rod can detach, creating small parts. The product does not comply with the requirements of the Toy Safety Directive.
	1	Soother holder The soother holders have silicone parts which can break and create small parts. The product does not comply with the requirements of the General Product Safety Directive or EN 12586.
	2	Wooden musical shakers with a rattle The bottom part of the handle of the rattle can become detached, releasing small parts. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
	1	Wood toy The product can easily break, resulting in small parts. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Choking, Suffocation	1	Toy figurines The toy has small parts (attachment of the barrier) which can easily detach. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Cuts, Injuries	1	Roller skates The bottom bolt of the skate has sharp/rough edge. The product does not comply with the requirements of the Toy Safety Directive.
Cuts, Injuries	1	Plastic rings The accessible sharp point on the edge of one of the green rings may cause injuries to the user. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Entrapment	1	Football goal There is a non-permitted dimension between the styles of the soccer goal. The lower edge of the opening is too high above the playing surface. The product does not comply with the requirements of the General Product Safety Directive or EN1176-1.
Environmental	2	LED football The solders in the product contain lead and 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).
Environmental	1	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).
Injuries	2	Magnetic toy The product can easily break into small parts with a high magnetic flux. The product does not comply with the requirements of the Toy Safety Directive or EN 71-1.
Injuries	1	Baby stroller Due to the breakage of the rivet, the child's fingers can crush between bars and the stroller can collapse while conveying the child. The product does not comply with the requirements of the General Product Safety Directive or EN 1888-1.
Microbiological	1	Toy modelling kit The total count of aerobic mesophilic bacteria in the mixture of the blue, green and black paint is too high, and Pseudomonas aeruginosa was detected. The product does not comply with the requirements of the Toy Safety Directive.
Entrapment	1	Soother holder The soother holder is too long. The product does not comply with the requirements of the General Product Safety Directive nor with EN 12586.

The following 4 alerts regarding miscellaneous products were reported between weeks 39 and 42 of 2023.

Type of Risk	Number of alerts	Notes
Burns, Fire	2	Tea-light holder The screw which holds the metal wire and glass tea-light holder can easily come loose and drop with the tea-light. The product does not comply with the requirements of the General Product Safety Directive (GPSD).
Electric shock	1	Electric lunch box The insulation of the live primary parts is not adequate. The product does not comply with the requirements of the Low Voltage Directive or EN 60335-1.
Environment	1	Electric lunch box 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).

The following 5 alerts regarding jewellery were reported between weeks 39 and 42 of 2023.

Type of Risk	Number of alerts	Notes
Chemical	1	Pendant The product contains or releases an excessive amount of cadmium. The product does not comply with the REACH Regulation.
	1	Jewellery The product contains or releases an excessive amount of cadmium. The product does not comply with the REACH Regulation.
	3	Rings The product contains or releases an excessive amount of cadmium. The product does not comply with the REACH Regulation.

OPSS issues Product Safety Alerts on the UK market.

The following 8 alerts regarding toys and childcare products were reported between weeks 39 and 42 of 2023.

Type of Risk	Number of alerts	Notes
Chemicals	2	Fancy Dress Costume It has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and diisooctyl phthalate (DIOP). The product does not meet the requirements of the REACH Regulations 2008 or the Toys (Safety) Regulations 2011.
Choking, entrapment, asphyxiation, burn	1	Dress up costume The zip on the dress and the sequin eyes on the eye mask detached before the minimum prescribed force could be applied. It features a functional cord that is tied at the back which is not permitted on children’s garments. Also, the flexible plastic bag used for packaging the apron had a bag thickness. The dress therefore poses a potential flammability hazard. The product does not meet the requirements of the Toys (Safety) Regulations 2011 (Consumer Protection Act 1987) or the General Product Safety Regulations 2005.
Choking, strangulation	1	Dress up costume The two buttons on the shawl detached when forced less. The fabric belt features a cord that has been measured to exceed the maximum length. The product does not meet the requirements of the Toys (Safety) Regulations 2011 (Consumer Protection Act 1987).
Entrapment	2	Dress up costume The free ends of the purple ribbon exceed the maximum permitted length. If the ribbon were to get caught on something, the child user may become entrapped. Some of the required documentation and markings were not present. The product does not meet the requirements of the Toys (Safety) Regulations 2011 (Consumer Protection Act 1987) or The General Product Safety Regulations 2005.
Injuries	1	Swing The product does not meet the requirements of the General Product Safety Regulations 2005.
Injuries, asphyxiation	1	Electric toy gun The product presents a high risk as the chamber of the product itself is made such that a sharp object can be placed inside and fired. In addition, the flexible plastic bag used for packaging has a thickness less than the minimum requirement. Improvements are required to documentation, warnings and markings. The product does not meet the requirements of the Toys (Safety) Regulations 2011.

The following 3 alerts regarding miscellaneous products were reported between weeks 39 and 42 of 2023.

Type of Risk

Number of alerts

Notes

Chemical

Bracelet

The lead content is greater than the maximum permissible limit.

The product does not meet the requirements of the Registration, Evaluation, Authorisation & restriction of Chemicals (REACH) Enforcement Regulations 2008.

Necklace

It was found to release nickel at levels higher than the permitted limit.

The product does not meet the requirements of the Registration, Evaluation, Authorisation & restriction of Chemicals (REACH) Enforcement Regulations 2008.

Fire

Wooden candle holder

There is potential for the candle holder to reach high temperatures when a candle is left burning at the base of the recess.

The products do not meet the requirements of the General Product Safety Regulations 2005.

U.S.

From 28 September 2023 to 26 October 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:

3 recalls regarding toy and childcare products

Hazard	Number of alerts	Notes
Choking and laceration	1	Children's play tents The magnets used to connect the various pieces of The FORT can become dislodged from their pouches, posing choking and laceration hazards to young children.
Choking and magnet ingestion	1	Toy trucks The small plastic piece containing a high-powered magnet that connects one train to another can detach or become loose, posing choking and magnet ingestion hazards.
Fall and injury	1	Activity centres The activity centres’ straps can detach or break while a child is in the activity centre, posing fall and injury hazards to the child.

2 recalls of consumer products

Type of Risk	Number of alerts	Notes
Crash	1	Bicycle The rear brake hose can kink and break when turning the handlebars causing the rider to lose control of the bike, posing a crash hazard.
Serious injury and death	1	Bicycle tires The biometric lock on the gun safes can be opened by unauthorized users, posing a serious injury hazard and risk of death.