Toy safety: new standards to protect children’s health

Despite having one of the strictest toy safety regulations in the world, dangerous toys still find their way into the hands of children in the EU. On Tuesday, MEPs confirmed an agreement with Member States to set new toy safety rules to better protect children’s health and development. This is an update of the directive adopted in 2009 in response to the increase in online shopping (including from third countries) and the use of digital technologies. Member States and industry will have a transitional period of four and a half years to implement the new measures.

Increased control of chemicals

The existing ban on substances that are carcinogenic, mutagenic or toxic to reproduction (CMR) will be extended to chemicals that are particularly harmful to children, such as endocrine disruptors, substances harmful to the respiratory system and chemicals that are toxic to the skin and other organs. The new rules also prohibit the intentional use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the most dangerous bisphenols. Allergenic fragrances may not be used in toys for children under the age of three and in teethers and other mouth toys.

Safety assessment

Before launching a toy on the market, manufacturers will have to carry out a safety assessment of all potential chemical, physical, mechanical and electrical hazards. Toys should also be tested for flammability, hygiene and radioactivity, as well as taking into account the specific vulnerabilities of children. For example, where relevant, manufacturers should ensure that digital toys do not pose a risk to children’s mental health.

Digital Product Passport

The new rules also provide for increased supervision and more efficient customs controls to reduce the number of unsafe toys. All toys will have to have a Digital Product Passport (DPP) that is clearly visible and indicates compliance with applicable safety standards. This passport will improve the traceability of toys and make market surveillance and customs controls simpler and more effective. Consumers will also be able to access safety information and warnings more easily, for example via a QR code.

Economic operators and online shops

The regulation clarifies and introduces stricter requirements for economic operators (such as manufacturers, importers, distributors and service providers). For example, manufacturers will be obliged to include warnings in plain and understandable language, and if any risks related to toys arise, they will have to take corrective action and immediately inform market surveillance authorities and consumers.

Given their increasingly important role in the sale and promotion of toys, online marketplaces will have to design their platforms in such a way that sellers can display CE marking, safety warnings and toy digital passports. Toys that do not comply with safety standards will be considered “illegal online content” under the Digital Services Regulation.

Rapporteur’s statement

Rapporteur Marion Walsmann (EPP, Germany) said: “With the new Toy Safety Regulation, Europe is sending a clear signal: safety must not be left to chance. With clear guidelines, modern safety requirements and fair transitional arrangements, companies can plan and grow responsibly and children can play without worry. This regulation is a victory 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 EU.

Background

EU toy safety standards set out the essential safety requirements that toys must meet in order to be sold on the EU market, regardless of whether they are manufactured inside or outside the EU. Toys must bear 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%). In almost half of the alerts, the main cause of risk was chemical ingredients.

More information: European Parliament