Toy safety: Parliament adopts new rules to enhance child health protection 

This article is brought to you in association with the European Parliament.

• Ban on endocrine disruptors, skin sensitisers and PFAS (“forever chemicals”) 
• Digital passports for all toys to speed customs checks and ease access to safety warnings  
• €6.5 billion worth of toys imported into the EU in 2023, 80% from China 
• Toys are the second most notified dangerous consumer product in the EU rapid alert system 

The new rules seek to decrease the number of unsafe toys sold in the EU and to protect children from toy-related risks.

Despite the EU having some of the world’s strictest rules on toy safety, dangerous toys still find their way into children’s hands. On Tuesday, MEPs confirmed an agreement with member states on new toy safety rules to improve the protection of children’s health and development. The update of an existing 2009 directive comes in response to the rise in online shopping (including from outside the EU) and the use of digital technologies. Member states and industry actors will have a 4 ½ year transition period to implement the new measures.

Stricter requirements on chemicals

The existing ban on carcinogenic and mutagenic substances and substances toxic for reproduction (CRM) is extended to chemicals that are particularly harmful to children, such as endocrine disruptors, substances that harm the respiratory system, and chemicals that are toxic for the skin and other organs. The new rules also ban the intentional use of per- and polyfluorinated alkyl substances (PFAS) and the most dangerous types of bisphenols. Allergenic fragrances will be prohibited in toys for children under 3 and in toys designed to be placed in the mouth.

Safety assessment

Before placing a toy on the market, manufacturers will have to carry out a safety assessment on all potential hazards − chemical, physical, mechanical, and electrical. The assessment will also have to test toys’ flammability, hygiene, and radioactivity, and take children’s specific vulnerabilities into account. For example, manufacturers should, where appropriate, ensure that digital toys do not pose risks to children’s mental health.

Digital product passport

The new rules will reduce the number of unsafe toys through better enforcement and more efficient customs checks. All toys must have a clearly visible digital product passport (DPP), showing compliance with the relevant safety rules. The DPP will enhance the traceability of toys and make market surveillance and customs checks simpler and more efficient. It will also offer consumers easy access to safety information and warnings, via a QR code, for example.

Economic operators and online shops

The regulation clarifies and introduces stronger requirements for economic operators (such as manufacturers, importers, distributors and service providers). For example, manufacturers will be required to mark warnings in easily understandable language and if any toy-related risks arise, they will have to take corrective measures and inform market surveillance authorities and consumers immediately.

Reflecting their growing role in the sale and promotion of toys, online marketplaces will be obliged to set up their platforms in a way that allows sellers to display toys’ CE markings, safety warnings and digital product passports. Toys that do not comply with the safety rules will be considered “illegal content” under the Digital Services Act (DSA).

Quote

The rapporteur Marion Walsmann (EPP, DE) said: “With the new toy safety regulation, Europe is sending a clear signal: safety must not be left up to chance. Thanks to clear guidelines, modern safety requirements and fair transitional arrangements, companies can plan and grow responsibly – and children can play carefree. This regulation is a win for everyone: consumers, manufacturers and the future of our children.”

Next steps

The new rules will enter into force on the 20th day following their publication in the Official Journal of the European Union.

Background

EU toy safety rules lay down the essential safety requirements that toys must meet to be placed on the EU market, irrespective of whether they are made in the EU or elsewhere. Toys must carry a CE marking, indicating conformity with EU safety standards. Last year toys were the second most notified product in the EU rapid alert system for dangerous consumer products (15%), second only to cosmetics (36%), with chemical ingredients as the main cause of risk in almost half of the alerts.