The European Commission is in the final stages of restricting some of the most harmful chemicals used in childcare products, nine years after first identifying this as a problem. The measure uses a fast-track restriction procedure for chemicals that are cancer-causing, modify genetic material, and/or are toxic to the reproductive system (CMRs) found in consumer products.
The fast-track restriction procedure in REACH allows the Commission to restrict some of the most harmful chemicals used in consumer products, such as substances on their own (e.g. formaldehyde), in mixtures (e.g. glues) or in articles (e.g. sofa). [1] The simplified process allows certain procedural steps to be skipped, which can take significant resources and several years. It was designed as a fast and protective risk management tool in the REACH system, but unfortunately, it has been underused and not as speedy as foreseen.
The draft restriction is particularly welcome as it covers a wide range of childcare products, such as pushchairs, cots, and nappies. It will also finally ban some of the most well-known harmful chemicals, including bisphenol A (BPA), from these products.
The Commission has recently published the draft legal text for the restriction, which will now be discussed by representatives of EU countries within a specific forum called the ‘REACH committee’. Once the committee gives a positive opinion, the Commission will adopt the restriction.
This restriction demonstrates how REACH should work to ensure products in the EU are toxic-free. But it also highlights how the current fast-track restriction under REACH needs to be changed to guarantee better protection.
Years in the waiting
The childcare product restriction was first identified as a potential case in 2017. If agreed, it will be only the third fast-track restriction for consumer articles since REACH came into existence. This pace is far too slow, and the Commission also has no plans for such restrictions in the future.
One way to accelerate the shift towards toxic-free products is to introduce a policy target by when all consumer products must no longer contain the most harmful chemicals. This target should be accompanied by a concrete work plan. Allowing EU countries to initiate fast-track restrictions would also help accelerate action.
The hazard class of endocrine disrupting chemicals is missing
The fast-track restriction procedure used in the draft restriction on childcare products only bans the limited number of endocrine disrupting chemicals (EDCs) that are already classified as CMRs. It does not ban chemicals classified only as EDCs, despite them being of similar concern to CMRs. EDCs are chemicals that disrupt the normal functioning of hormones, and exposure to them has been linked to adverse human health impacts such as certain cancers, reduced fertility, and impaired brain development.
By not restricting all EDCs, it creates an inconsistency with the recent Toy Safety legislation revision (2025), which no longer allows EDCs in children’s toys. Parents will quite rightly question why a soft toy their child plays with is better regulated than the nappies that come into constant, close contact with their child’s skin.
For the Commission to ban EDCs in consumer products, the fast-track restriction process under the REACH Regulation needs to be extended to cover the EDCs hazard classes.
CHEM Trust has recently published a short paper explaining how this fast-track restriction can be improved to move more quickly towards toxic-free products.
Stefan Scheuer, Chief EU Policy Advocate at CHEM Trust said:
We welcome the fact that the Commission is finally acting on cancer-causing chemicals in childcare products. But it is painfully slow. The Commission has not made good use of the fast-track restriction process for consumer products, which was made available by the REACH Regulation in 2006. A clear policy target by when the EU will deliver toxic-free products is needed to make sure people across Europe are better protected from harmful chemicals.
[1] This fast-track restriction procedure is called GRA – generic risk approach (Article 68.2 REACH). The ‘standard’ restriction procedure is called SRA – specific risk management (Article 68.1). For instance, the universal PFAS restriction now under discussion is a ‘standard’ restriction. In theory, the fast-track restriction should be simpler and faster, as there is no legal requirement to follow the multi-step procedures of preparing and drafting a highly complex, time-consuming dossier, which is then reviewed by the committees of the European Chemicals Agency.
Background documents:
Wood (2018), assessment of the presence of CMR substances in certain categories of consumer articles that could be subject to Article 68(2) of REACH
https://op.europa.eu/en/publication-detail/-/publication/52dd54c0-367d-11ea-ba6e-01aa75ed71a1
European Commission (2022), request to the European Chemicals Agency to support the Commission’s preparation of a restriction proposal https://echa.europa.eu/documents/10162/17233/mandate_cmrs_childcare_articles_investigation_en.pdf/ccdf4a10-dea1-68e3-5ce2-5c210e8cd74d?t=1671599218803
European Chemicals Agency (2023), investigation report to support the Commission on the preparation of a restriction proposal https://echa.europa.eu/documents/10162/17233/rest_cmrs_childcare_articles_investigation_report_com_en.pdf
