Question: Some customers have requested that our company not use a list of specific list of chemicals they’ve banned in their products. These chemicals are not restricted under the Restriction of Hazardous Substances (RoHS) Directive, the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation or the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Because these requests are not related to government regulations, do I have to comply?
Answer: It all depends on why the chemicals are banned. The customers making this request may sell products into a region where these substances are regulated and restricted, or the chemicals may not be usable or may otherwise be in the process of being phased out.
Assuming the chemicals in question are not regulated in a market in which your company’s products are sold, there is no regulatory reason to comply with their request, although your non-compliance could have contractual consequences. The majority of data requirements between supply chains arise from commercial reasons and not regulatory reasons.
Content is current as of 2019-10-11.