Safer toys in Europe: stop to PFAS and mandatory digital passport, the new regulation is underway

Europe takes a significant step forward for the safety of the little ones. The European Parliament has definitively approved the new regulation on toy safety, updating legislation in force since 2009 and responding to the new challenges linked to online purchases and the growing use of digital toys.

What does the new regulation provide?

One of the central points of the new legislation concerns the strengthening of bans on harmful chemical substances. In addition to the already known carcinogenic, mutagenic or reproductive toxic substances, the regulation also prohibits endocrine disruptors, substances harmful to the respiratory system and those toxic to the skin or other organs.

A ban on the use of PFAS, the so-called “forever chemicals“, and some more dangerous types of bisphenols. Allergenic fragrances will also no longer be allowed in toys intended for children under three or those that can be put in the mouth. The aim is to drastically reduce the chemical risk, which accounts for almost half of the reports in the EU’s early warning system on dangerous consumer products.

Before being placed on the market, all toys will have to undergo a full safety assessment. Manufacturers will be required to check chemical, physical, mechanical and electrical risks, as well as the flammability, hygiene and radioactivity of toys. Particular attention will need to be paid to children’s vulnerabilities, with specific attention also paid to any mental health risks posed by digital toys.

Digital toy passport

Another important innovation concerns the introduction of the digital product passport (DPP). All toys must be accompanied by this document, which certifies compliance with safety standards, facilitates customs controls and improves product traceability.

The digital passport will make it easier for consumers to access information and warnings on toys, including via a QR code, and will force online sales platforms to display the CE marking and safety information. Non-compliant toys will be considered “illegal content” under the Digital Services Act (DSA).

Essentially, the new rules introduce stricter responsibilities for manufacturers, distributors and online platforms, ensuring that all toys, regardless of the country of production, meet the same safety standards.

Marion Walsmann, MEP rapporteur for the text, underlined that:

with the new regulation on toy safety, Europe sends a clear signal: safety cannot be left to chance. Thanks to clear guidelines and fair transition periods, companies can grow responsibly and children can play carefree.

When will the new regulation come into force?

The regulation is intended as a tool to reduce the number of unsafe toys, protect children from chemical, physical and digital risks and ensure greater transparency on the market, even for imported products. And it was really necessary, just think that in 2023, the EU imported toys worth 6.5 billion euros, of which 80% from China. And toys were the second most reported dangerous consumer product in the EU rapid alert system.

Now, with the introduction of the digital passport and stricter controls, Europe aims to ensure that every toy sold is truly safe.

The rules will come into force on the twentieth day after publication in the Official Journal of the EU and provide a transition period of four and a half years to allow Member States and companies to adapt.