Ensuring Chemical Safety Compliance for Jewellery: Lessons from Amazon’s Legal Battle and the New General Product Safety Regulation (GPSR)

Birmingham Assay Office AnchorCert Analytical AnchorCert Protect World Jewellery Confederation - CIBJO

Introduction

With the transition from the General Product Safety Regulation (GPSR, REGULATION (EU) 2023/988), stakeholders in the jewellery industry must adapt to new requirements to ensure the safety of their products. The recent U.S. Consumer Product Safety Commission (CPSC) ruling against Amazon.com, Inc. highlights the importance of understanding the role of a distributor in ensuring product safety. This case, which involved hazardous products sold through Amazon’s Fulfilled by Amazon (FBA) program, underscores the necessity for robust safety measures and compliance, which are relevant not only for e-commerce but also for the jewellery industry.

The CPSC determined that Amazon was a “distributor” of defective products, thereby bearing legal responsibility for their recall. This decision is particularly pertinent when comparing it with the upcoming GPSR (REGULATION (EU) 2023/988), which similarly defines the role of distributors. Just as Amazon was held accountable for ensuring product safety, jewellery distributors must also prepare themselves to comply with the stringent safety requirements outlined in the GPSR to avoid similar liabilities. This article aims to assist manufacturers, importers, distributors, and other stakeholders in understanding and implementing best practices for achieving chemical regulatory compliance for jewellery products. The GPSR emphasises the importance of protecting consumer health and the environment, and this article provides a comprehensive overview of the necessary steps to comply with these evolving regulations.

Conformity Assessment for Jewellery

Jewellery products are considered consumer items. Under the General Product Safety Regulation (GPSR), a "product" is defined as any item supplied or made available to consumers, including those intended for personal use or likely to be used by consumers. This broad definition encompasses a wide range of items. Jewellery, a personal accessory commonly purchased and used by consumers, falls under this category and is, therefore, subject to the safety requirements and regulations set forth in the GPSR to ensure it does not pose any risks to consumers' health and safety.

Jewellery products must, therefore, undergo rigorous testing to ensure they meet safety standards. Typically tested in their finished state, economic operators must maintain complete traceability of each component used in the manufacturing process. This traceability is crucial in the event of a non-compliance issue, enabling authorities to identify and recall affected products. Authorities responsible for surveillance and monitoring compliance may also request information if the non-compliant component has been used in any other jewellery product currently on the market.

The following factors need to be considered when defining a sampling strategy for jewellery:

• Samples from production or representative batches
• Changes in material or process that could affect compliance
• Specific properties of the jewellery, such as unit value and export quantities

Testing can be performed by competent laboratories worldwide, provided they have the necessary expertise to achieve accurate results.

Technical File

Manufacturers should draw up technical documentation regarding the products they place on the market, which should contain the necessary information to prove they are safe. The technical documentation should be based on an internal risk analysis carried out by the manufacturer. The amount of information to be provided in the technical documentation should be proportionate to the complexity of the product and the possible risks identified by the manufacturer. To demonstrate compliance, manufacturers must compile a comprehensive technical file that includes the following:

1. Administrative Information:

·???????? Unique identification of the compliance technical file

·???????? Contact details of the economic operator responsible for the file

·???????? Names and addresses of the manufacturer

·???????? Date, place of issue, and signature of the authorised person

2. Product Information:

·???????? Unique identifier of the jewellery product(s)

·???????? Table linking evidence documents or test reports to specific jewellery parts

3. Compliance Documentation:

·???????? Self-declaration of conformity to relevant regulations and standards

·???????? Chemical test reports proving conformity to limit values

·???????? Material certificates proving the absence of regulated substances above limits

·???????? Supplier declarations, contractual agreements, and material declarations

This technical file must be made available upon request by the relevant authority.

Laboratory Test Reports

Test reports from laboratories must meet specific requirements to ensure clarity and reliability. Each report should include:

• Title (e.g., “Test Report”)
• Name and address of the laboratory
• Location of laboratory activities
• Unique identification of the report
• Customer contact information
• Identification of the testing method used
• Description and identification of the sample
• Dates of sample receipt and testing
• Date of issue of the report
• Reference to the sampling plan and method, if applicable
• A statement that results relate only to the tested samples
• Results with appropriate units of measurement
• Additions, deviations, or exclusions from the method
• Identification of the person authorising the report

Laboratories must be responsible for all information in the report, and any data the customer provides should be clearly identified.

Testing Methods for Jewellery

Testing methods should be based on international standards, national standards of the destination country, or well-recognised industry standards. When the customer does not specify a method, the laboratory should select an appropriate method and inform the customer. Validated methods from reputable sources, such as international or national standards, scientific texts, or manufacturer specifications, are recommended. Laboratory-developed or modified methods can also be used if appropriate.

Self-Declaration of Conformity

The self-declaration of conformity should be written in English or an official language of the manufacturer’s country and signed by an authorised person. It must include:

• Contact details of the economic operator
• Statement of sole responsibility for conformity
• Identification and description of the jewellery
• List of applicable regulations

This declaration should be valid for at least three years.

Evaluation of Compliance Information

Manufacturers and other economic operators must establish procedures to evaluate the quality and trustworthiness of documents received from suppliers. Factors such as the origin of the document, contact information, responsibility of the signatory, and date should be considered. Sufficient quality and trustworthiness of documents justify their inclusion in the technical file. If documents are insufficient, further actions, such as requesting additional information or conducting substance analysis, are necessary.

Products Covered by GPSR (REGULATION (EU) 2023/988)

The GPSR covers consumer products intended for or likely to be used by consumers. This includes jewellery products, which must adhere to the regulation's safety requirements to be legally sold in the EU market.

Implementation Timeline

• Published in the Official Journal: 23 May 2023
• Applies from: 13 December 2024

Key Articles in GPSR

• Article 5: Only safe products are permitted on the EU market.
• Article 6: Covers relevant aspects for assessing a product’s safety.
• Article 7: A product is presumed to “be safe” if it aligns with applicable European standards published in the EU Official Journal. In the absence of standards, other methods must be utilised to ascertain product safety.
• Article 9: Requires manufacturers to provide technical documentation and test reports as evidence of product safety before placing them on the market.
• Article 16: Products covered by this regulation cannot be placed on the market unless there is an established economic operator (authorised representative) in the EU.

Conclusion

The General Product Safety Regulation (GPSR) introduces comprehensive requirements to ensure the safety of consumer products, including jewellery, in the EU market. By following the best practices outlined in this article, stakeholders can demonstrate compliance with chemical safety regulations and contribute to protecting consumer health and safety. The CPSC ruling against Amazon.com exemplifies the significant responsibilities distributors bear under safety regulations. As the GPSR takes effect, it is crucial for all involved parties to stay informed and adhere to the new standards to maintain market access and consumer trust.

Background Information

• The General Product Safety Directive (GPSD, 2001/95/EC and 87/357/EEC)
• CPSC Sues Amazon to Force Recall of Hazardous Products Sold on Amazon.com | CPSC.gov
• Recall Lawsuits: Adjudicative Proceedings | CPSC.gov (In the Matter of Amazon.com. CPSC Docket 21-2)
• https://www.cpsc.gov/s3fs-public/pdfs/recall/lawsuits/abc/142%20-%20In%20the%20Matter%20of%20Amazon.com%20Inc.%20Decision%20and%20Order.pdf?

Author:

Dippal Manchanda MSc CChem CSci FRSC Technical Director & Chief Assayer (Birmingham Assay Office) & Chairman BSI STI/53 Committee - Jewellery & Horology