Just as businesses are getting to grips with the new General Product Safety Regulation, and the Product Liability Directive comes into force in December 2026, the EU is also proposing new product safety rules for toys.

Directive 2009/48/EC on the safety of toys sets out the safety requirements that toys must meet to be placed on the EU market, irrespective of whether they are manufactured in the EU or in third countries such as the UK. However, the European Commission has identified a number of weaknesses in the Directive.  It says that in particular, there is a need for a higher level of protection from possible risks in toys, specifically from risks posed by harmful chemicals. In addition, it needs to be implemented more efficiently, particularly regarding online sales.

Therefore, the new Toy Safety Regulation will update the safety requirements that toys must meet to be marketed in the EU, whether they are manufactured in the EU or elsewhere. Key points include:

• The new Regulation will prohibit the use of chemicals that affect the endocrine system (endocrine disruptors) or the respiratory system, those that can create skin allergies or are toxic to a specific organ. It will also ban the use of dangerous bisphenols and per- and polyfluoroalkyl substances in toys. Allergenic fragrances will be banned in toys for children under 36 months and in toys meant to be placed in the mouth.
• All toys will be required to have a Digital Product Passport in the format of a data carrier, such as a QR code, on the toy. Consumers or authorities will be able to easily see the toy's product, compliance and other information. Importers will have to submit digital product passports at the EU borders, including for toys sold online. A new IT system will screen all digital product passports at the EU's external borders and will identify the shipments that need detailed controls at customs. Checks on toys by national inspectors will be facilitated, as information will be readily available in the digital product passport. This digital product passport has been aligned with the one foreseen by the Eco-design regulation.
• 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. According to the European Parliament press release, these vulnerabilities could include mental health concerns. 
• Online marketplaces will have to design their platforms to allow sellers to display the CE mark, safety warnings, and a link (such as a QR code) to the digital product passport, to be visible before the purchase is completed.

Next steps

The Regulation has been provisionally approved by the Council and European Parliament and they now have to approve it formally.  After that, it will enter into force after 20 days following its publication in the Official Journal. Member states will then have 54 months to comply with the provisions.

The Regulation will apply to manufacturers in the UK who want to sell toys to consumers in the EU as well as those in Great Britain who want to sell into Northern Ireland.

In the UK, the Product Regulation and Metrology Bill continues to pass through parliament and the government has indicated that, where it makes sense to do so, it will align UK requirements with those of the EU.