Understanding the impact of emerging regulations: 5 mid-year product compliance trends

In our final mid-year Global Outlook webinar, we recapped the latest regulatory developments across the Americas, EMEA and APAC. The review revealed five regulatory trends bringing about significant changes in sustainability-related regulations. 

Read on for insight into the latest trends in PFAS, extended producer responsibility (EPR), greenwashing, Ecodesign for Sustainable Products Regulation (ESPR), and lithium-ion battery safety from our expert Stacey Bowers.

1. PFAS is everyone’s problem

PFAS is fast becoming a compliance issue affecting multiple sectors. The substances have been widely used in many industry sectors, ranging from food contact materials (FCMs) to textiles, construction, electronics, medical devices, and others; and now legislative authorities around the world are approaching PFAS bills and laws in multiple ways. These include restrictions, prohibitions and stricter reporting requirements.  

The result is a complex patchwork of unharmonized approaches to a wide range of PFAS chemicals, making it a challenge for companies to navigate their obligations.  

US states are a driving force for PFAS legislation. A third of all state bills are dedicated to PFAS, with new prohibitions in states including New Hampshire, Rhode Island, Vermont, Connecticut and Colorado. These address a wide range of products including cookware, carpets and rugs, upholstered furniture, juvenile products, cosmetics, textiles and feminine hygiene products. 

Outside of the US, numerous jurisdictions are also developing PFAS regulations. Countries such as Denmark and Belgium have proposals to enact unique, national prohibitions on PFAS chemicals, in advance of the EU’s proposed regional requirements.  

For more details on specific bills discussed, view the webinar recording now.  

2. EPR in California

California continues to set the global pace for proposed and enacted legislation, with bills and regulations on topics such as DEHP in medical devices, gas stove labeling, and more. The state’s approach to textiles regulations serves as a bellwether for the direction of textiles regulation globally.  

On 11 September, the Responsible Textile Recovery Act of 2024 (SB 707) was presented to the Governor. If enacted, the act would require apparel or textile manufacturers to join a producer responsibility organization (PRO). 

Once formed, the PRO would then be required to submit a plan to the Department of Resources Recycling and Recovery, detailing methods for the collection, transportation, repair, sorting and recycling of waste textiles.  

These requirements would take effect on 1 July 2030 or upon approval of a plan.  

Enforcement of textiles EPR in California will significantly impact textiles and other apparel producers. Such businesses will become more accountable for the whole lifecycle of their products. As a result, business operations and processes, alongside chemical choices, will need to be reviewed to ensure long-lasting and sustainable practices.

3. Greenwashing in Canada

Alongside regulations for textiles circularity, biocides and battery safety, Canada has been proactive in addressing greenwashing in the first half of 2024.  

In June, the Competition Act via Bill C-59 was amended to better tackle greenwashing – the presence of unsupported and unsubstantiated environmental claims on products. The amendment mandates that any environmentally friendly, or “green”, claims are supported with adequate testing to prove their sustainability status.  

Further, any claims on the environmental benefits of a business or business activity is required to be substantiated using proper testing in accordance with an internationally recognized methodology.  

These requirements, which came into effect in Canada in June, are forcing businesses to reevaluate their packaging and marketing claims to ensure they can prove their environmental claims, or to remove false advertising from Canadian shelves.

4. EU’s Ecodesign for Sustainable Products Regulation

The EU’s Ecodesign for Sustainable Products Regulation (ESPR) – adopted by the European Parliament in June – will result in significant new requirements for a wide range of products.  

The ESPR aims to improve the lifecycle of products to make them more durable and reliable for consumers; easier to reuse, upgrade, repair and recycle; and more sustainable by requiring less water, energy and resource use to produce. Initially, the European Commission will prioritize textiles (including apparel and footwear), furniture, tires, detergents, paints, lubricants and chemicals.  

Manufacturers, producers and importers of these products will have to comply with significant requirements to improve their products’ durability and reusability. This may force some manufacturers to adopt new processes and materials to meet compliance.  

With this new ecodesign framework, Europe is prioritizing its sustainability goals and consumer standards. Moreso, the addition of digital product passports (DPPs), which will contain updated information on the product, will enable European customers to make more informed purchasing choices.

5. Battery safety in China, UK and Canada

Several jurisdictions are concerned about the safety of lithium-ion batteries, including Canada, China and the UK. However, each jurisdiction is taking a unique approach, resulting in complexity in compliance for manufacturers distributing globally. 

In June, China’s State Administration of Market Regulation (SAMR) announced the China Compulsory Certification (CCC), mandating that lithium-ion batteries must comply with the safety technical specification GB 43854 for electric bicycles. And e-bike chargers must comply with GB 42296. Both requirements will take effect on 1 November 2025.  

Meanwhile in the UK, the government is considering a lithium-ion battery safety bill to require electric-powered micromobility vehicles and li-ion batteries to be tested by an authorized conformity assessment body (CAB), include technical documentation and a declaration of conformity, and to bear the CE or UKCA marks. Further demands for online marketplace operators include complying with the General Product Safety Regulations.  

And in July, Health Canada added lithium-ion batteries and consumer products containing lithium-ion batteries to Table 1 of the General Prohibitions under the Canada Consumer Product Safety Act (CCPSA). When products are listed in Table 1, it signifies that Health Canada is obtaining information on potential hazards to accurately identify if the product poses a health and safety risk. Table 1 includes performance criteria, such as existing voluntary standards and international rules or requirements.  

With differing approaches in China, the UK and Canada, global distributors and manufacturers may find it difficult to manage the complexity of compliance.  

Catch up on the full webinar

Alongside these global trends, our 2024 Global Outlook: Mid-year Review of Global Product Compliance webinar also shared insights on: 

• Further PFAS regulations under TSCA and ECHA 

• DEHP and labeling in medical devices 

• Safety chemical regulations for children’s products 

• Food packaging regulations in Indonesia and Europe 

• UN plastics treaty 

• And much more 

Watch the full webcast here