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Monthly Report on Chemical and Industry Regulatory Developments in the Consumer Goods Sector - December 2023

Time: 2023-12-31

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I. Core Regulatory Developments in Europe

(I) Investigation and Control Advancement of Toxic Substances in Child Care Products

On November 8, 2023, the European Chemicals Agency (ECHA) released survey results indicating that child care products such as child car safety seats, bibs, toiletry-related products, bedding, and mattresses commonly contain substances like cobalt, lead, and phthalates including di(2-ethylhexyl) phthalate (DEHP). These substances are carcinogenic, mutagenic, or toxic to reproduction (CMR). The report provides key support for the European Commission to develop proposals restricting hazardous chemicals in child care products in accordance with Article 68 of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) Regulation.

(II) Recent Key Updates to the REACH Regulation

DateTopicLink Description
October 25, 2023ECHA published the 2023 Report on the Implementation of the Prior Informed Consent (PIC) RegulationAvailable on the ECHA website
October 30, 2023European Commission issued a report on the exercise of authorizations under Regulation (EU) 2019/1021Available in official publications
November 2, 2023ECHA published 5,642 public comments on the PFAS restriction proposal123 documents available on the ECHA website
November 8, 2023ECHA Enforcement Forum released recommendations on the enforceability of the PFAS restriction proposalAvailable on the ECHA website
November 15, 2023ECHA published the 2023 Report on Key Areas of Regulatory ChallengesAvailable on the ECHA website

(III) Important REACH and CLP-Related Links

  1. REACH-related: Intentions to register restrictions, Intentions to register Substances of Very High Concern (SVHC), Substance Evaluation (CoRAP), Opinions on granted authorization applications and past consultations, Authorization applications (current consultations), Current calls for comments and evidence, Authorization list, Completed restriction activities by ECHA, Proposed restriction measures under consideration, Regulatory need assessment list.

  2. CLP-related: Intentions to register harmonized classification and labeling (CLH), Harmonized classification and labeling consultations.

(IV) Developments in the Textiles and Leather Sector

  1. New Geographical Indication Protection Regulation: On October 27, 2023, the European Commission issued Regulation (EU) 2023/2411, establishing a geographical indication protection system for artisanal and industrial products. It applies to artisanal and industrial products (excluding agricultural products, foodstuffs, or spirits) and takes effect on December 1, 2025.

  2. Standard Updates:| Reference Standard | Title | Repeal Date (*) | Replacement Standard ||--------------------------|-----------------------------------------------------------------------|-----------------|--------------------------|| EN 16484:2023 | Leather - Requirements for determining the origin of leather production | March 31, 2024 | EN 16484:2015 || EN ISO 1833-4:2023 | Textiles - Quantitative chemical analysis - Part 4: Mixtures of certain protein fibres with certain other fibres (method using hypochlorite) | April 30, 2024 | EN ISO 1833-4:2017 |

(V) Other EU Chemical-Related Initiatives

DateTitle
October 25, 2023Electrical equipment - Lead and cadmium in recycled polyvinyl chloride for power windows and doors (RoHS exemption)

II. Regulatory Developments in the United States

On November 17, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) added coal tar pitch, fluoro-edenite fibrous amphibole, and silicon carbide whiskers to the Proposition 65 list of known carcinogens. Starting from November 17, 2024, products containing these three chemicals must bear Proposition 65 warning labels. Details are as follows:

ChemicalHazard TypeListing DateListing Basis
Coal tar pitchCancerNovember 17, 2023Labor Code - International Agency for Research on Cancer (IARC)
Fluoro-edenite fibrous amphiboleCancerNovember 17, 2023Labor Code - IARC
Silicon carbide whiskersCancerNovember 17, 2023Labor Code - IARC

III. International Regulatory Proposal Notifications to the WTO

Notification NumberCountryTitle
G/TBT/N/CHE/283SwitzerlandDraft Ordinance of the Federal Office for the Environment amending Annexes 1.17, 2.16 and 2.18 to the Ordinance on Reducing Risks from Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction Ordinance, ORRChem, SR 814.8), proposing to add five substances to Annex 1.17

IV. Sustainability and Environment-Related Initiatives

(I) Publications by the European Commission

DatePublication
October 19, 2023Drinking water - Establishment of a European positive list of starting substances, ingredients and components
October 19, 2023Drinking water - Testing and acceptance procedures and methods for final materials
October 26, 2023Report on the circularity of the management of mineral and synthetic lubricating and industrial waste oils in the EU
October 27, 2023Air pollutant emission projections - Update of reporting templates used by EU Member States
November 7, 2023Waste treatment - Revision of the European Waste List to address waste batteries and waste from their treatment

(II) Publications by the French Ministry for Ecological Transition

DatePublication
October 18, 2023FAQ on the decree of the Council of State on providing consumers with information on the environmental quality and characteristics of waste-generating products (pursuant to Article 13-I of the AGEC Law)
October 18, 2023Decree of October 12, 2023, laying down approval criteria for environmental organizations, individual systems and sectoral coordination organizations with extended producer responsibility for furniture components (effective January 1, 2024)
November 6, 2023Waste sorting information (Info-tri) for consumers and professionals
November 17, 2023Framework for environmental product declarations and consumer information

V. Technology and Safety Developments in the Cosmetics and Personal Care Sector

(I) Innovative Efficacy Testing Protocol

Eurofins Analytics has launched an expression line testing protocol based on C-Bright technology. Using standardized photography and custom software, it can measure invisible expression lines caused by emotions such as smiling, suitable for evaluating the efficacy of anti-aging products for the 25-40 age group.

(II) Accurate Detection of Nitrosamines

  1. Risk Background: Nitrosamines are potential carcinogens, often formed unintentionally when nitrosating agents react with amine components under specific production/storage conditions. Among them, N-nitrosodiethanolamine (NDELA) is the most carcinogenic, while N-nitrosodimethylamine (NDMA), N-nitrosomorpholine (NMOR), and N-nitrosoethylamine (NDEA) are also of concern. Skin care products, hair dyes, mascaras, and nail polishes are key screening categories.

  2. Regulatory Requirements: Regulation (EU) No 1223/2009 stipulates that nitrosamine content in cosmetics must be below technically unavoidable trace levels under good manufacturing practices.

  3. Testing Capabilities: Eurofins Analytics uses GC-MS/MS and LC-MS/MS technologies to detect NDELA in accordance with ISO 15819:2014, and is developing a screening procedure for total nitrosamine content.

(III) Cold-Resistant Cosmetics Testing

  1. Testing Scenario: Leveraging the harsh cold environment in Canada to evaluate the barrier protection and moisturizing capabilities of cold-resistant products for skin, hair, lips, and other areas.

  2. Testing Methods:

    • Instrumental testing: Tewameter® (measurement of transepidermal water loss) and Corneometer® (measurement of stratum corneum moisture content);

    • Supplementary assessment: Expert clinical scoring, image analysis, and consumer questionnaires.

VI. Supplementary Standard Updates

Reference StandardTitleRepeal Date (*)Replacement Standard
EN ISO 24187:2023Principles of microplastic analysis in the environmentMarch 31, 2024-

Note: *Repeal date refers to the deadline by which national standards conflicting with European standards (EN/HD) must be repealed.