The European Commission has authorised France's temporary measure mandating new labelling for dinitrogen oxide products due to health risks, effective for 36 months from November 2024.
Background on the Decision
On 31 October 2024, the European Commission approved France’s request to enforce specific labelling on products containing only dinitrogen oxide, citing public health concerns. This measure, effective immediately, will last for up to 36 months or until harmonised EU classification is adopted.
Justification for the Measure
France reported to the Commission that dinitrogen oxide poses serious health risks, including neurological damage from prolonged inhalation. Statistics highlighted a rise in related intoxication cases, jumping from 254 in 2020 to 472 in 2021, with severe cases also tripling during this period.
Specific Labelling Requirements
Under Decree No 2023-1224, the packaging must bear the warning "causes damage to the nervous system through repeated or prolonged inhalation exposure" and an accompanying hazard pictogram. The decision aligns with the hazard statement H372 for substances classified under Specific Target Organ Toxicity – Repeated Exposure Category 1 (STOT RE 1).
Implications for Market and Regulation
The measure aims to curb misuse, particularly among young adults, while ensuring compliance without hindering products meeting EU self-classification standards. This temporary action anticipates future harmonisation in EU regulations per the RAC Opinion and potential Commission Regulation.
France's new labelling requirement underscores the balancing act between national health measures and EU market regulations, highlighting the continued evaluation of safety standards for widely used substances.
