The NGO Swedish Society for Nature Conservation has filed the first report to the Authorities regarding two companies that have failed to adequately respond a ‘Right to Know customer request’. According to REACH article 33, companies must, within 45 days, reply to consumers asking if a product contains any Candidate List substances.

Upon a request from a consumer if a plastic sandal from Björn Borg Footwear, sold by retailer Euro Sko Group, contained any Candidate List substances, Björn Borg never replied and Euro Sko Group stated that the plastic shoes did not contain any Candidate List substances. A test of the plastic sandal showed high content of the repro-toxic phthalate DBP, which does figure on the Candidate List.

This breach of REACH article 33 has now been reported to the Swedish Prosecution Authority. In Sweden, this infringement of the law can result in sentence of up to two years in prison.