Lawmakers in the EU are in the process of updating the toy safety rules. We expect the final drafts to be published before the end of 2025.
Did you know a plastic toy fork for a doll has more rules than a plastic fork a child eats with?
First thing to know
The existing toy safety rules in the EU are among the strictest in the world. Toys compliant with these rules – toys from reputable manufacturers - are already very safe.
Why change the rules if toys are safe?
The old rules required that manufacturers made sure that all toys were safe, including the chemicals they contain. The new rules give enforcement greater powers with more specific rules on chemicals in toys, as well as still requiring manufacturers ensure safety. It’s just a different way of applying the rules.
Toys from reputable manufacturers have always been and will still be safe.
Do reputable toy manifacturers support the new Toy Safety Regulation?
The new rules will necessitate extra investment on the part of toymakers in terms of providing evidence that our toys comply with the rules, However, because we cater for vulnerable consumers, we have always accepted we need to do better than most other consumer products in terms of safety
Some of the extra investment may deliver an incremental level of safety for toys - if companies adhere to the rules:
- the old Directive becomes a new Regulation will limit different interpretations between Member States: what is unsafe in one EU country will be unsafe everywhere.
- Currently only the toys for young children (-3yrs) and toys that are placed in the mouth must respect 20 more restrictive limits. The new Regulation introduces a list of limits for all toys.
- The limits for nitrosamines in the old Directive were outdated; the new Regulation introduces the stricter limits set out in Standard EN 71.12. Reputable manufacturers already use this Standard.
- The full ban for Endocrine Disruptors for Human Health, adapts the rules to align with the latest thinking. Again, reputable manufacturers will have already taken the safety into account.
- It makes sense to help customs and market surveillance by using a Digital Product Passport.
All of this will help only in a limited way in the fight against rogue traders. These bad actors do not comply with today’s rules and our members are concerned they will be equally unconcerned with the new rules.
We are asking that these elements, especially those still to be detailed by supporting legislation (such as the digital product passport), are made manageable for the many toy companies that are small; companies (SMEs) and for whom this will be a considerable effort. There is still a lot of work here, the devil will be in the detail!
On sustainability, we want to continue to improve, we agree that a sustainable planet will be a healthier planet. But we need a broader legislation on alternative materials that applies across all sectors, not just toys. The toy sector is too small a market for suppliers to invest in alternative materials – if suppliers have to invest just for our sector, the prices will be unaffordable.
Dolls clothing is made from the same fabrics as our clothing. A doll manufacturer will not find textiles that will meet high sustainability criteria unless all clothing needs to meet these.
How can we make sure everyone lives up to the new rules?
Our years of experience in the sector show us that the reality will be that some will continue to ignore the rules. New rules will have little effect on these rogue traders: they will simply continue to disregard them. Even the proposed Digital Product Passport can be faked or sidestepped, and there are not enough resources to enforce it.
So, what would really make a difference?
Rather than the difference between the old Directive and the new Regulation, a really drastic improvement in terms of toy safety will only come about when more companies adhere to the rules. There are a too many companies out there who simply ignore them. We need more and better surveillance, both in the market and at the borders of the EU.
If the authorities 'catch' non-compliant companies who are based in the EU, they can take action against these companies. This should act as a deterrent.
However, a tsunami of toys these days come into the EU through online platforms directly to the consumer. The vast majority have no EU company taking responsibility for them, leaving authorities powerless. In these cases, the online platform that facilitated the sale should have responsibility.
All of this means that not only EU children are being put in harms way, that reputable business, small, family businesses based in Europe, are being put out of business by unfair competition.
Our requests are simple:
- Stop regulating, start enforcing!
There is no point writing the toughest rules in the world when they are easily ignored
- Close the loopholes and let reputable business thrive
Don’t let illegal, unsafe toys kill off reputable businesses