August 6, 2025
The EU’s Toy Safety Regulation (TSR) will enter into force soon, bringing with it a more robust regulatory framework for toys. The Regulation will replace the current Directive 2009/48/EC on the safety of toys. A 2018 evaluation of the Directive by the European Commission found several weaknesses with its practical application, which the TSR will address.
The new Regulation includes a focus on reducing the risk from harmful chemicals, lowering the availability of unsafe toys sold in the EU through both online and traditional channels, levelling the playing field for the sale of toys whether they are manufactured in the EU or imported, and ensuring the free movement of toys within the EU Single Market.
Key changes in detail
The TSR will address harmful chemicals by expanding the substances that are prohibited to include the use of chemicals that affect the respiratory system, endocrine disruptors, and those that are toxic for the skin and other organs. This is in addition to the existing restrictions on the use of substances that are carcinogenic, mutagenic, or toxic for reproduction in toys. The Regulation will also ban the use of dangerous bisphenols and per- and polyfluoroalkyl substances (PFAS) in toys, except in inaccessible electronic parts where the substances are absolutely necessary.
Other changes include a requirement for manufacturers to conduct a safety assessment on all potential hazards for a toy, including chemical, physical, mechanical, and electrical. The evaluation must also test a toy’s flammability, hygiene, and radioactivity and consider vulnerabilities specific to children.. For example, the EU Parliament notes that in some cases, manufacturers will need to ensure digital toys do not pose a risk to children’s mental health.
Additionally, the Regulation will require all toys to have a Digital Product Passport (DPP). This is intended to enhance the traceability of toys and make customs checks and inspections simpler and more efficient. Customers will also be able to easily access relevant safety information and warnings through the DPP.
Finally, the TSR clarifies requirements for economic operators such as manufacturers, importers, and retailers. Importantly, the text specifically addresses obligations for online marketplaces, “reflecting their growing role in the sale and promotion of toys.” This includes a requirement that online marketplaces design their platforms to allow sellers to display the CE mark, safety warnings, and a link to the product’s DPP.
Looking ahead
Unlike the previous Directive, the new Regulation is directly applicable across all Member States with no state-by-state interpretation. This will help eliminate gaps in enforcement and improve compliance, but it also may require some changes to national law as Member States adopt the changes. As such, Member States and companies will have 54 months after the date the TSR enters into force to comply with its provisions.
It is important to note that the Regulation is aligned with other key product safety legislation, including the General Product Safety Regulation (GPSR), the Ecodesign for Sustainable Products Regulation (ESPR), and the Digital Services Act. While there may be some overlap in requirements, like the use of a DPP for all products, these various regulations place increasing responsibilities on manufacturers and retailers to ensure the safety of their products.
Despite the multi-year transition period, toy companies should begin preparing now to ensure they have ample time to make necessary changes to their operations and processes. Regulators have historically viewed toys and other products marketed to children with close scrutiny and this trend is likely to continue with strict enforcement of the TSR and its provisions.
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