Thousands of companies that sell chemical products online should pay close attention to a new EU enforcement initiative aimed at the apparent widespread failure to disclose health and safety hazard information to consumers making website purchases. EU member state enforcement authorities will focus on internet sales of chemical products, according to an announcement regarding the launch of the 8th REACH enforcement project. While details have yet to be defined, the initiative is expected to emphasize compliance with hazardous chemical restrictions and labeling requirements. Official launch will be in 2020, with preparation under way through 2019.
The EU action follows a 2017 pilot project that found over 80% of online advertisements for sales of hazardous chemical mixtures — including household cleaners, paints, hobby glues, solvents, bug sprays, motor fluids, garden fertilizers and others products — did not comply with the Classification, Labelling and Packaging (CLP) regulation, including online disclosure requirements. Substances for which restrictions have been adopted under REACH Annex XVII are expected to be a primary focus.
Similarly, compliance with REACH authorization requirements for hexavalent chromium, and other hazardous chemicals yet to be announced, will be the target of another enforcement initiative to be launched in 2020. Companies should ensure that their use of “substances of concern” are authorized and abide by any conditions imposed on the use. REACH also requires users of a chemical subject to authorization to notify ECHA within three months of their first supply of the substance. A recent EU review found unauthorized hexavalent chromium to be present in a wide range of products.