New rules place limits on toxic chemicals, increase oversight of online marketplaces
Brussels – The European Parliament has approved sweeping new toy safety regulations that aim to shield children from hazardous products, notably to ban perilous chemicals and improve mechanisms for digital enforcement.
The legislative update confirmed Tuesday marks the first major overhaul of the EU’s toy safety standards since 2009. Lawmakers agreed on measures with member states designed to address the challenges thrown up by increased online shopping and evolving digital technologies in the toy market.
Chemical Restrictions Expanded
Under the new regime, manufacturers will be under much tougher restrictions concerning chemical elements in toys. The bans will further encompass endocrine disruptors, respiratory system irritants, and skin-damaging substances.
The law specifically prohibits the intentional use of PFAS, described as “forever chemicals,” as well as the most dangerous bisphenols. Allergenic fragrances will be prohibited in products for children under three years old and in those meant to be put in the mouth.
Digital Product Passports Required
The key novelty of the new rules is the introduction of a mandatory digital product passport system. All toys placed on the Union market have to bear a clearly visible digital passport accessible through QR codes, proving their compliance with the applicable safety standards.
This digital infrastructure will facilitate smoother customs inspections and market surveillance, and immediate access to safety information and warnings for consumers. The system will offer more product traceability across supply chains.
Full Safety Evaluations
Under the CE Marking requirements, manufacturers will need to conduct proper safety assessments prior to placing toys on the market. These assessments need to consider chemical, physical, mechanical, and electrical hazards, along with flammability, hygiene, and radioactivity issues.
The regulations also require that companies consider children’s specific vulnerabilities, including possible mental health risks associated with digital toys.
Online Marketplace Obligations
New rules reflect the growing importance of e-commerce, with particular requirements imposed on online platforms: marketplaces shall set up their systems so that sellers can properly display CE markings, safety warnings, and digital product passports.
The Digital Services Act will classify toys that do not meet safety standards as “illegal content”, thereby facilitating their removal from online marketplaces.
Industry Response and Implementation
Manufacturers, importers, and distributors will be given a 4.5-year transition period to adhere to the new measures. Companies will be obliged to mark warnings in easily understandable language and to inform the authorities and consumers without delay if safety risks emerge.
Marion Walsmann, the rapporteur for the legislation, pointed out that the regulation brings clarity for business, while making the protection of children a priority. The rules will mean a balance between responsible growth of the industry and robust consumer protection.
Market Context
The EU imported approximately €6.5 billion worth of toys in 2023, with 80% originating from China. Despite having some of the world’s strictest toy safety standards, dangerous products continue to reach European consumers. Toys ranked as the second most frequently flagged dangerous consumer product in the EU’s rapid alert system last year, accounting for 15% of notifications.
The new rules will come into force 20 days following publication in the Official Journal of the European Union.
Source: European Parliament Press Room
