According to the French Public Health Code (CSP) and Amendment Decree No. 2021-1110, Article R. 5232-19, there is an information disclosure obligation on Endocrine Disrupting Chemicals (EDCs) in products, which applies to substances, mixtures and articles as defined in Article 3 of the EU REACH Regulation (EC) No 1907/2006, and to foodstuffs as defined in Article 2 of the EU Food Regulation (EC) No 178/2002 and to substances, which are placed on the French market, except medicinal products. Thus, food contact materials, toys, cosmetic products and general products (e.g., children’s products, furniture, stationery, cases and bags) are also within the scope.

On 12 October 2023, France published a list of 128 entries of Endocrine Disrupting Chemicals (EDCs) in the French Order of 28 September 2023 (NOR: TREP2323345A).

According to the French Public Health Code (CSP) and Amendment Decree No. 2021-1110, Article R. 5232-20, as well as French Order of 28 September 2023 (NOR: TREP2323356A), the information shall be made available to the public no later than 12 April 2024 (i.e. 6 months after the publication of list of Endocrine Disrupting Chemicals), where the concentration of the chemical is greater than 0.1% by mass either in the product or in its packaging.

The information shall be made available in a dematerialized format, accessible free of charge and reusable in such a way as to allow aggregation, either on a dedicated web page featuring an application programming interface, or by means of an application designated by joint order of the ministers responsible for health and the environment. According to the French Order of 28 September 2023 (NOR: TREP2323353A), currently, the application is designated to be “Scan4Chem”.

The information shall be expressed in the form of the warning statement “contient une ou des substances présentant des propriétés de perturbation endocrinienne avérées ou présumées :” (meaning: “containing a substance or substances with proven or presumed endocrine disrupting properties:”), and/or the statement “contient une ou des substances présentant des propriétés de perturbation endocrinienne suspectées :” (meaning: “containing a substance or substances with suspected endocrine disrupting properties:”) (in French language), and supplemented by the name(s) of the relevant substance(s). The information shall also specify the substance(s) present in the product or its packaging.

Among the 128 entries of Endocrine Disrupting Chemicals (EDCs), two entries (Mancozeb (CAS No. 8018-01-7 and Cholecalciferol (Vitamin D3, CAS No. 67-97-0)) are not covered by the EU REACH SVHC list (Candidate List), while the other 126 entries have been included in the latter. All of the 128 entries of Endocrine Disrupting Chemicals (EDCs) have been identified as substances with proven or presumed endocrine-disrupting properties. Specifically, the wording in the warning statement is different, in the case of the substance Cholecalciferol (Vitamin D3) present in foodstuffs and medical devices, since the substance has also certain health benefits. 

A full list of 128 entries of Endocrine Disrupting Chemicals (EDCs) and their names can be found at:
https://www.legifrance.gouv.fr/eli/arrete/2023/9/28/TREP2323345A/jo/texte

To prepare for the implementation of the information disclosure requirement, French manufacturers and importers are recommended to review the ingredients of their products and packaging, with respect to the presence of the Endocrine Disrupting Chemicals (EDCs) and their contents. An actual test on Endocrine Disrupting Chemicals (EDCs) content can be a helpful indicator when the ingredient information is not precise, or the presence of impurities in raw materials is not clear.

Intertek is capable of providing you with testing and consultation services on the French Endocrine Disrupting Chemicals (EDCs) content.

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