If you sell chemicals online, then this article is something that might interest you. ECHA (European Chemicals Agency) has published a report on the results of inspections of products sold online.
What were the findings of these inspections?
Approximately 6,000 products covered by Regulation (EC) No 1907/2006 (“REACH Regulation”), 1272/2008 (“CLP Regulation”) and Regulation (EC) No 528/2012 (“BPR Regulation”) were inspected.
In connection with the REACH Regulation, inspectors examined the presence of restricted chemicals (Annex XVII). They reviewed products for professional and consumer use and products such as e.g. clothing, leather, childcare articles, toys and jewelry. As many as 78% of the inspected items were non-compliant with the REACH Regulation.
In total, around 2,600 products were inspected for restricted substance requirements. Over 1,800 of them were carcinogenic, mutagenic or toxic to reproduction (“CMR”), e.g. lead in welding solders and boric acid. Such products should only be available to professional users. However, inspection has shown that in as many as 99% of cases, consumers were able to buy them online. Some other non-compliances were found in the presence of phthalates in toys and cadmium in jewelry.
Concerning the CLP Regulation, non-compliances were found in the lack of information on the dangers of chemicals in online advertising. In 75% of inspections, this information was deficient or poorly visible or non-existent.
With regard to the BPR Regulation, it was found that as many as 77% of the biocidal products advertised online are non-compliant with at least one requirement of the BPR. The highest proportion of non-compliance was found in repellents and attractants. Most non-compliances were found in biocidal products sold to consumers. 17% of biocidal products cited misleading statements in advertising, such as “low-risk biocidal product”, “non-toxic”, “harmless”, “natural”, “environmentally friendly” and “animal friendly”.
What followed the inspections?
Inspection authorities have issued more than 5,000 measures to address non-compliances. In most cases, recommendations were issued on how to eliminate irregularities or the requirements to remove products from online advertising.
The results are worrying, to say the least. We have published tips on online advertising on several occasions that can help you comply with the CLP and BPR Regulations in this area.
If you, too, need help in getting your advertising chemicals online in order, we can help. Just drop me a line at luka.rifelj@bens-consulting.eu.
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