New EU Enforcement Reveals High Levels of Restricted Chemicals in Seasonal Goods

High Levels of Lead, Phthalates, and Cadmium Detected

In its latest enforcement action, the agency tested products used during key retail periods such as Halloween, Christmas, and summer. The most common violations involved lead (found in 29 products, mainly in soldering of electronic goods), phthalates (22 cases, predominantly in PVC-based items), and cadmium (13 cases, detected in electrical goods and jewellery). Short-chain chlorinated paraffins (SCCPs) and nickel were also identified in excessive concentrations.

Halloween-related products had the highest rate of non-compliance, with 37% exceeding regulatory thresholds. Online marketplaces were identified as the riskiest sales channel, with over 55% of their tested products failing compliance checks.

Legal and Business Implications for Manufacturers and Retailers

The findings indicate continued enforcement pressure under key EU regulations, including:

• REACH Regulation (EC 1907/2006) – Restricts hazardous substances and mandates supply chain transparency.
• RoHS Directive (2011/65/EU) – Limits the presence of lead, cadmium, and certain phthalates in electronic goods.
• POPs Regulation (EU 2019/1021) – Prohibits SCCPs due to their environmental persistence and toxicity.
• Toy Safety Directive (2009/48/EC) – Regulates hazardous substances in children's products.

Failure to comply can result in legal actions, product recalls, and penalties. The Swedish authority has reported 18 suspected environmental crimes and issued six financial sanctions. Additionally, non-compliant products are listed in the EU’s Safety Gate system, impacting brand reputation and market access.

How Businesses Can Mitigate Compliance Risks

Manufacturers, importers, and retailers must adopt proactive chemical management strategies. Key actions include:

• Supply Chain Due Diligence: Verify material compliance through supplier audits and chemical testing.
• Regulatory Monitoring: Stay updated on evolving EU chemical restrictions and enforcement trends.
• CE Marking Compliance: Ensure electronic and toy products meet mandatory labelling and traceability requirements.
• Consumer Transparency: Fulfil obligations to disclose substances of very high concern (SVHCs) upon request.