On January 29, 2009, EU member states voted in favour of a draft European

Commission Decision for an emergency EU wide measure to ensure that

consumer products, such as leather furniture or footwear, containing dimethyl

fumarate are not placed on the EU market. If already on the market, these

products will have to be recalled and withdrawn without delay.

This decision is pending the adoption of a more permanent regulatory

solution by the European Parliament. Some consumer products containing dimethyl

fumarate are already banned from being placed on the French market as per

December’s French Arrêté and on the Belgian Market as per January’s Belgian Decree.

Background Dimethyl fumarate has been found to be an allergic sensitizer at very low concentrations,

producing extensive, pronounced eczema that is difficult to treat. Concentrations as low as 1

ppm may produce allergic reactions. There are only a few equally as potent sensitizers.

Dimethyl fumarate, having antifungal properties, is used to limit mould growth during rainy

periods such as the monsoon. In recent months, however, it has provoked allergic reactions

resulting in serious rashes that have hospitalised several people in the European Union. As a

result, numerous products have been recalled with negative media interest.

Characteristics / Identifiers:

• CAS number: 624-49-7

• EINECS number: 210-849-0

• Molecular formula: C6H8O4

• Toxicology: Harmful in contact with skin. Severe eye irritant - eye contact may lead to

serious damage. May act as a sensitizer through skin contact.

Dimethyl fumarate is not authorised under the Biocides Directive (98/8/EC). However, this

applies primarily to it being used as a preparation or substance in a sachet. With

manufacturers outside the EU often spraying a product or its packaging with dimethyl

fumarate and then exporting it to the EU, these restrictions will help protect consumers. To

view the recent Europa release on dimethyl fumarate: http://tinyurl.com/c4y6sh

• Recent Member State actions include: In December 2008, France adopted a decree that

bans the importation and placing on the market of seating and footwear containing

dimethly fumarate for one year. The French decree also requires the recall of all seating

and footwear which visibly contains, or the packaging of which visibly contains, dimethyl

fumarate.

• In January 2009, Belgium issued a decree that bans the placing on the market of all

articles and products containing dimethyl fumarate.

• Spain is considering introducing a similar measure.

Now What? To reduce risk and protect your reputation, you need to act now to consider what impact

these developments might have on your business, and then develop an effective compliance

approach.

Bureau Veritas has facilities worldwide and experienced professionals who can advise on the

regulatory framework and perform dimethyl fumarate testing on your products.

Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general

information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any

indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this

client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH

THIS CLIENT BULLETIN