After original Living Product certification, if the certified product line has an increased failure rate (demonstrated for example by increased warranty claims) due to a chemical substitution that enabled the product to meet the Red List requirements, under certain conditions, Red List chemicals may be used in the product for the purpose of remedying the failure, for a limited grace period. If the chemical is a product ingredient, a note will be added to the LPC label indicating it is no longer Red List Free.
ILFI acknowledges that depending on the product type and chemical’s function in the product, different levels of effort may be needed for R&D and qualification of a Red List compliant product design, so the grace period will be determined on a case-by-case basis. The time allowance for the grace period must be discussed with, and approved by ILFI. ILFI expects the grace period to range from 6 months to 2 years depending on the product type and the chemical’s function. The consequence for failing to substitute a safer alternative will be discussed at the time of determination of the grace period such as lowered LPC status or revocation of certification.
Conditions: The RL chemical either must not be a Category 1A or 1B carcinogen, mutagen, or reproductive toxicant, or there must be evidence of protection from exposure to the chemical for workers and product users.
The manufacturer must contact ILFI at lpc.support@living-future.org to initiate this process.
Documentation requirements –
- Identification of the product ingredient or process chemical and its associated hazards and its function in the product
- Description of the product failure mechanism, clear demonstration of the role of the substituted chemical causing the failure, and documented warranty claims rate over time
- Detailed description of chemical function in product, handling in facility, potential exposure routes and mitigation strategies
- Proposal for amount of time needed to qualify a Red List compliant product design
- Description of the hierarchy of controls used to protect workers and/or product users (as relevant) from the Red List chemical if it is a Cat 1A or 1B CMR.
