News of Note

1. Prohibition of Phtalates, Parabens and Alkylphenols: The Precautionary Principle is Taken to Extremes
2. JPMA’S Baby Safety Month Campaign Highlights Wearable Infant Product Safety
3. Toy Industry Association Names Alan P. Kaufman as SVP of Technical Affairs
4. Logical Metrics, LLC Launches a News Aggregation Service by Reaching Out to the Entire Consumer Products Industry to Harvest (RSS) Syndicated News Feeds and Provide a Centralized, Searchable Repository of Industry News Concerning Consumer Products Industry

1. Prohibition of Phtalates, Parabens and Alkylphenols: The Precautionary Principle is Taken to Extremes
By Thomas Rouhette, Hogan Lovells Paris; and Sylvie Gallage-Alwis, Hogan Lovells Paris

Against all expectations, a bill for the prohibition of the use of phtalates, parabens and alkylphenols has been adopted by the French Assemblée Nationale on first reading on 3 May 2011. These three substances are present in nearly all consumables and are now openly referred to as substances compromising these products' safety and thus that of consumers. Their usefulness, however, is certain. Phtalates are used for the flexibility of the plasticisers of polyvinyl chloride (PVC); parabens are preservatives that are mainly used in cosmetics but also in the food industry; lastly, alkylphenols are used as emulsifiers and/or wetting agents in a wide range of detergents and industrial, domestic or medical disinfectants. If their pure and simple prohibition is supported by the Sénat, this will strongly disrupt the industries.

Indeed, even though the commentators on this vote have for the time being only focused on the political stunt it represents, one must not omit the significant financial impact for manufacturers acting in all sectors, which would result from the Sénat's confirmation. Indeed, it seems that France is trying to strengthen its device in terms of the fight for the safety of consumables. Until now, the prohibitions of such substances were limited to categories of specific products. Phtalates have been prohibited in toys (Directive of 14 December 2005), in medical devices (Directive of 5September 2007), in cosmetics (Directive of 27 July 1976), or in materials that are in contact with food (Directive of 30 March 2007). France has recently extended this prohibition to construction and decoration materials. As for Bisphenol A, it has been prohibited in baby bottles. Moreover, these prohibitions always came with a temporal adjustment for manufacturers. As a consequence, the European Regulation concerning the registration, evaluation, authorization, and restriction of chemicals ("REACH") implemented a list of prohibited substances, including three phtalates, which will come into force as from 2015. Manufacturers have until 1stJanuary 2013 to use substitutes or request temporary authorisations for specific uses.

But a prohibition has never been ordered in such a general and drastic manner. Indeed, it is the "manufacture, import or sale of products containing phtalates, parabens or alkylphenols [that would be] prohibited". This prohibition of substances that are highly suspected of causing cancer can be praised in its principle, but its implementation is highly challengeable. Indeed, under the pretext of the precautionary principle, the Members of Parliament only answered the question: "Is it necessary to prohibit phtalates, parabens and alkylphenols?" without answering the essential question: "Is it possible and with what can we replace phtalates, parabens and alkylphenols?"

Indeed, in numerous sectors, manufacturers do not, at present, have safer and more efficient substitutes such that one can wonder how they will manufacture and trade their products without them. The prohibition of phtalates, parabens and alkylphenols could even have a pernicious effect that would be the introduction on the market of products that would be less safe.

Beyond the scientific limits that manufacturers will have to face, they will also have to inform consumers who will use their products containing substitution substances with different properties. For instance, the cosmetic sector in which the use of parabens enables consumers to keep their products will strongly be impacted. Their prohibition will result in cosmetics having a more limited lifespan should manufacturers not be able to replace parabens with another equivalent substance. Yet, consumers usually keep their products for a long time, at least until they have completely used them, which, for a cream, can last for a few months. The prohibition of parabens will thus have to come with active communication towards consumers with respect to the limited lifespan of the products. The use of smaller packaging is also to be considered to encourage consumers to renew their products on a more regular basis. Failing which, and even though its aim is to protect consumers, the prohibition of parabens will putthem in danger due to a risk of using out-of-date products.

The congressmen's vote must, therefore, only mark the opening of a debate and not an end in itself. Failing which, manufacturers and, in fine, consumers will be affected in a negative way even though the motivation of this vote lies in the application of the precautionary principle. It is desirable that the Sénat adapt this prohibition in time, and even limit it following the example of the other countries that are in a strong position with respect to the manufacture of consumables. Indeed, far from implementing general prohibitions, these countries progressively extend the existing prohibitions. In September 2010, Japan thus extended the scope of application of the prohibition of phtalates in toys, which had been adopted eight years earlier. In October 2010, California adopted new provisions to limit the use of phtalates in fashion accessories (jewelery, handbags, shoes, etc.). In January 2011, Canada announced a prohibition of six new phtalates contained in plastic materials oftoys and child care articles. The immediate general and definite prohibition voted by the French Assemblée Nationale thus results in a highly challengeable and extreme application of the precautionary principle.

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2. JPMA’S Baby Safety Month Campaign Highlights Wearable Infant Product Safety: Special Microsite, www.Babysafetymonth.Org Offers Invaluable Tips
By Juvenile Products Manufacturers Association (JPMA)

The Juvenile Products Manufacturers Association (JPMA) is pleased to announce Baby Safety Month 2011 – Carry With Care (Sepember 2011).

Baby Safety Month exists to increase consumer awareness of safety issues surrounding the safe use and selection of juvenile products. This September, JPMA is helping educate parents and caregivers on the importance of safely using wearable infant products including soft infant carriers, frame carriers, and slings.

Wearable infant products continue to grow in popularity with parents and caregivers. A carrier or sling provides comfort and security for the baby while allowing mom or dad some hands-free freedom.

Raising a bundle of joy takes care and knowledge to ensure the first years are happy and healthy. It’s important to know how to properly use wearable infant products, including cautiously following product instructions and using keenly attuned instincts when caring for baby at all times.

There is an abundance of material available today for parents and caregivers looking for safety information regarding juvenile products. This year’s Baby Safety Month campaign and the information, contained on the special microsite www.babysafetymonth.org, provide insight into the safe selection and use of wearable infant products.

Parents and caregivers are encouraged to read through the safety tips, and a special section just for retailers provides ideas and helpful hints for promoting Baby Safety Month in-store. We invite you to celebrate Baby Safety Month 2011 and Carry With Care.

Baby Safety Month started in 1983 when JPMA initiated “Expectant Mother’s Day.” In 1986, it was extended to a week long celebration, until 1991, when JPMA sponsored the first “Baby Safety Awareness Month.” Since then, every September has been designated as Baby Safety Month.

About the Juvenile Products Manufacturers Association
The Juvenile Products Manufacturers Association is a national trade organization of more than 250 companies in the United States, Canada and Mexico. JPMA exists to advance the interests, growth and well-being of North American prenatal to preschool product manufacturers, importers and distributors marketing under their own brands to consumers. It does so through advocacy, public relations, information sharing, product performance certification and business development assistance conducted with appreciation for the needs of parents, children and retailers.

To find out more information about the JPMA certification program, the products certified and a complete listing of JPMA members, please visit www.jpma.org. Follow JPMA on Twitter @JPMA and connect with us on Facebook to learn about additional safety tips and JPMA initiatives.

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3. Toy Industry Association Names Alan P. Kaufman as SVP of Technical Affairs
By Toy Industry Association (TIA)

Toy industry veteran Alan P. Kaufman joined the Toy Industry Association (TIA) in May 2011 as Senior Vice President, Technical Affairs. In this newly created position within the External Affairs department, Kaufman is responsible for leading the continuing development and implementation of technical policies and strategies relating to toy safety, the environment, supply chain issues, factory processes, and other related matters. He will be representing the industry on technical issues, working closely with global regulators, standards development organizations, and NGOs.

A graduate of UCLA, Kaufman previously served as Vice-President for Global Product Safety and Regulatory Affairs at Toys“R”Us, Inc. He also spent more than a decade directing production, sourcing, and technical services within various divisions of The Walt Disney Company. Earlier in his career, Kaufman held technical and production positions at a number of toy manufacturers, including Mattel, Knickerbocker and Coleco.

“Al brings to TIA more than 30 years of experience addressing product safety, quality assurance, regulatory compliance, and product testing issues for toy companies and retailers,” said Carter Keithley, TIA president. “His industry expertise, in-depth involvement with regulatory activities, and extensive background managing corporate social compliance initiatives will enhance the capabilities, services, counsel, and support TIA provides to all industry stakeholders.”

Kaufman will be based in the Association’s New York City office. He will work closely with Mr. Keithley; Ed Desmond, TIA executive vice president of external affairs, and Joan Lawrence, TIA vice president of standards and government affairs.

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4. Logical Metrics, LLC Launches a News Aggregation Service by Reaching Out to the Entire Consumer Products Industry to Harvest (RSS) Syndicated News Feeds and Provide a Centralized, Searchable Repository of Industry News Concerning Consumer Products Industry
By Logical Metrics, LLC

Mr. David Cavanaugh, Partner, IT Technologies, stated, Communications and the access to information is critical; the customers of Logical Metrics have come to depend upon us to provide information access to updated governmental, industry, and association regulations and requirements that could have a major effect on their supply chain. As such, Logical Metrics has searched out RSS feeds, and directed our servers to systematically harvest the contents. Our philosophy is that all information should be traceable to a single authoritative source. Each RSS item has a link back to the original article on the original website. No one in the industry currently is able to offer such a service nor really competes with our cloud-based document warehouse services. We believe that this information is needed to help inform our customers so they are prepared to assert management authority over their quality assurance programs. In our search process we found that many companies do not provide any RSS links, or if they do they keep the function hidden from view. We welcome any and all companies interested in participating is this service to contact us to have their RSS feeds listed.

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Upcoming Events

1. How to Eliminate Hazardous Chemicals from Consumer Articles? Conference October 5, 2011 in Brussels, Belgium
This public conference is organised by ANEC (The European Consumer Voice in Standardisation), ASI CC (The Consumer Council of the Austrian Standards Institute), and BEUC (The European Consumers’ Organisation).

Wednesday, 5 October 2011 (8.45-17.00)

ANEC, ASI CC and BEUC have long been involved in promoting consumers’ rights and interests with regards to risks arising from hazardous chemicals in products. On the basis of our shared experiences and achievements, we deem it imperative to open a discussion on the gaps present in the current European regulatory framework for consumer products in ensuring a sufficient level of protection against exposure to dangerous chemicals.

High-level speakers will look into relevant pieces of legislation including the REACH Regulation, the ROHS Directive, the Toy Safety Directive, the Construction Products Regulation, and the General Product Safety Directive.

The conference aims to present different experiences and approaches on main consumers’ concerns on the use of hazardous chemicals in articles and propose ways forward. A preliminary programme is attached.

Please note that the event is free of charge. We would be grateful if you could inform us already of your interest in attending the event (anec@anec.eu).

The eventwilltake place at the EESC (European Economic and Social Committee).

For further information contactANEC:
Av. de Tervueren 32, box 27, BE-1040 Brussels
Tel. +32 (0)2 743 24 70, Fax +32 (0)2 706 54 30, Email: aga@anec.eu

2. 2012 Personal Care Products Council Annual Meeting February 22-24, 2012

The Ritz Carlton
280 Vanderbilt Beach Rd.
Naples, FL 34108

The Personal Care Products Council (formerly the Cosmetic, Toiletry and Fragrance Association) is the leading national trade association for the cosmetic and personal care products industry and represents the most innovative names in beauty today.For more than 600 member companies, we are the voice on scientific, legal, regulatory, legislative, and international issues for the personal care product industry. We are a leading and trusted source of information for and about the industry and a vocal advocate for consumer safety and continued access to new, innovative products.

The Council Annual Meeting is the premier event for key marketers, suppliers, consultants, trade press, and magazines doing business in the personal care marketplace. It provides the most efficient way for senior executives to gain insight on trends, strengthen and expand their industry contacts, and promote their products and company brand.
Click here for details.

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