EU Toy Safety Regulation

The new EU Toy Safety Regulation is due to be published before the end of 2025. Once published, it will enter into force 20 days later and will fully apply 54 months after that date.

It replaces the previous Toy Safety Directive, 2009/48/EC.  As it is a regulation rather than a directive, it does not need to be transferred into the national legislation of each EU Member state.

Main Objectives of the Regulation

The main purposes of the Regulation are:

• To apply restrictions on more chemicals, not just CMR (Carcinogenic, Mutagenic, and Reprotoxic) substances- adding endocrine disruptors, PFAS, more allergenic fragrances, and certain organo-toxic substances.
• To apply more chemicals restrictions toys for children of all ages.
• To address new risks related to cybersecurity.
• To strengthen controls over online sales.
• To improve enforcement of toys safety rules.

New Safety Requirements

The new regulation includes some new Safety Requirements:

• Toys with a digital element (Data connection to a device or network) or radio functionality must comply with essential requirements for the protection of privacy and internet-connected toys must have cybersecurity safeguards.
• Toys with AI functions must comply with applicable EU regulations and Acts. Example of risks include distorting the behaviour of a person (behavioral manipulation), exploitation of vulnerabilities, unauthorized access, inadequate data processing, or breaches of confidentiality.
• Safety assessment shall also include safety, security and privacy by design - in the best interests of children, including their mental health.
• Additional safety categories include food imitation, obstruction of intestines, magnets and toys that are designed to emit sound, and toy mechanisms that are activated by a child and emit reproduceable sound.

Updated Warning and Labeling Requirements

The regulation has some updated requirements related to warnings on toys:

• Toys shall bear a general warning (where necessary) specifying appropriate user limitations. The user limitations shall include at least minimum and maximum age, required ability, weight etc.
• All warnings need to be clearly visible to consumers before purchase. Not just those warnings related to decision to purchase.
• All warnings shall be clearly visible to the consumers for online sales.
• A new font size requirement applies: the ‘x-height’ minimum is 1.2mm. However, if the surface area < 80 cm², ‘x-height’ of font height minimum is 0.9mm.
• “Warning”: all warnings shall be preceded by the word “Warning” but now this word can be replaced by a triangle mark (black triangle, yellow background and black exclamation mark, see example below) with a minimum pictogram height of 10 mm. 

The word 'Warning' can be replaced by a triangle mark (black triangle, yellow background and black exclamation mark) with a minimum pictogram height of 10 mm.  

Introduction of the Digital Product Passport (DPP)

The regulation lays out the future requirement for all toys to carry a Digital Product Passport (DPP). The European Commission is expected to share further details about the carrier system for the DPP by July 2026.

Roles and Responsibilities

The regulation provides further definition of the roles of Manufacturers, Importers and Distributors, with regards to compliance, technical documentation, and management of the DPP.

Additionally, there are requirements for online sellers of Toys, whereby sellers must comply with the relevant requirements from the General Product Safety Regulation 2023/988/EU, regarding information made available to consumers at the point of purchase.

Overview of New Chemical Requirements

Overview of new chemical requirements:

• Introduction of 5 categories of toys with migration limits for N-nitrosamines and N-nitrosatable substances, including new limits for finger paints, slimes and putties.
• Migration limits are set for Styrene, Acrylonitrile, Butadiene and Vinyl Chloride.
• The migration limit for Bisphenol A is lowered to 0.005 mg/l.
• The intentional use of per- and polyfluoroalkyl substances (PFAS) in toys, components of toys or micro-structurally distinct parts of toys, is prohibited.
• The presence of 10 bisphenols (listed in part D of the Appendix of the regulation) in toys, components of toys or micro-structurally distinct parts of toys, is prohibited.

Implementation and Standardization Process

As part of the implementation process of the new Regulation, the applicable toy standards will have to be re-published under the reference of the new toy safety regulation to align with the new legislative framework.

The European Commission will issue a standardization request to CEN and CENELEC to develop new or revised standards supporting the Toy Safety Regulation.

Until these new standards are published, EC Declarations of Conformity should continue to refer to the existing Directive 2009/48/EC and the currently harmonized standards.

Current Harmonized Toy Safety Standards (under Directive 2009/48/EC)

List of Toy Safety Standards currently harmonized under the EU Toy Safety Directive (2009/48/EC):