The European toy market is one of the most lucrative in the world, but also one of the most tightly regulated. For manufacturers, especially those selling into the European Union and the United Kingdom, compliance has gone from a tick-box exercise to a constant juggling act of evolving standards, costly testing, and high-stakes enforcement.
In 2025, the situation is more challenging than ever. Legislation is shifting, chemical restrictions are tightening, enforcement is becoming more active, and the divergence between EU and UK rules means double the work for anyone selling across both markets.
This article dives deep into the biggest regulatory headaches toy manufacturers face right now and, more importantly, what they can do to stay ahead.
1. Constantly Evolving Legislation
When the EU first introduced the Toy Safety Directive (TSD 2009/48/EC), it was considered one of the strictest frameworks for toy safety anywhere in the world. But as consumer expectations and scientific understanding have evolved, so too has the regulatory approach.
The EU’s New Toy Safety Regulation
The most significant change on the horizon is the replacement of the Toy Safety Directive with the new Toy Safety Regulation (TSR). Unlike the directive, which required transposition into national law, the regulation will apply directly across all EU member states, eliminating interpretation differences but also tightening the rules.
Some of the key shifts include:
- Digital Product Passports (DPPs), Every toy will require a scannable, digital compliance record containing essential safety, environmental, and traceability information. This is part of the EU’s wider digitalisation push under the Green Deal and Circular Economy Action Plan.
- Stricter chemical restrictions, the TSR expands limits on allergenic fragrances, endocrine disruptors, and substances suspected of being carcinogenic, mutagenic, or toxic for reproduction (CMRs).
- Tougher conformity assessment, Self-declaration routes will be limited for certain categories, forcing more products through notified body assessment.
For manufacturers, this means a compliance framework that is more transparent, but also more demanding in terms of record-keeping and pre-market preparation.
The UK Divergence Problem
Post-Brexit, the UK retained its own Toys (Safety) Regulations 2011, which mirror the old EU framework, for now. But divergence is increasing:
- The UKCA mark has replaced the CE mark in Great Britain (with extended transition until 2025/2026, depending on sector).
- Northern Ireland follows the CE or UKNI marking due to the NI Protocol, meaning different labelling rules apply depending on the destination.
- Any future amendments to the EU’s TSR will not automatically apply in the UK, creating two separate regimes to manage.
For companies selling into both markets, this “double compliance” is fast becoming a serious cost and resource drain.
2. Chemical and Material Restrictions
Few topics in toy regulation are as complex, or as costly as chemical compliance. The EU’s REACH Regulation (Registration, Evaluation, Authorisation, and Restriction of Chemicals) is constantly adding new SVHCs (Substances of Very High Concern) to its list.
The Testing Challenge
Manufacturers must ensure that none of these substances exceed strict migration or content limits, which means ongoing, not one-off, testing. This is especially relevant for:
- Metals: lead, cadmium, nickel, chromium VI.
- Plasticisers: phthalates such as DEHP, DBP, and BBP.
- BPA: (bisphenol A) and other endocrine disruptors.
Even materials that were once considered “safe” can be reclassified, catching manufacturers off-guard. For example, recent restrictions on certain aromatic amines in colourants have forced re-engineering of popular toy ranges.
Recycled Materials Under the Microscope
The EU’s push for a circular economy is encouraging the use of recycled content, but when it comes to toys, recycled materials must meet the same strict safety thresholds as virgin materials. The challenge? Contamination risks are higher in recycled streams, making compliance testing more complex and expensive.
3. Labelling and Documentation Burden
Labelling is one of those areas where non-compliance is rarely deliberate, but it’s still one of the most common reasons for enforcement action.
The Marking Maze
- CE marking is mandatory for toys in the EU, backed by a Declaration of Conformity.
- UKCA marking is mandatory in Great Britain, with a similar declaration process.
- Dual marking (CE and UKCA) is possible in some cases, but layout rules must be followed.
- Northern Ireland requires CE or UKNI marks depending on the conformity assessment route.
Language Requirements
In the EU, warning labels and instructions must be in the official language(s) of every country where the toy is sold. For example, selling in Belgium requires both French and Dutch; in Finland, both Finnish and Swedish. Missing translations can trigger immediate market withdrawal.
The UK, by contrast, requires English-only labelling, but different requirements apply to goods destined for Northern Ireland.
Technical Documentation
Under both EU and UK rules, manufacturers must compile and retain a technical file including:
- Risk assessment reports.
- Test results for all applicable EN 71 standards.
- Manufacturing and quality control records.
- Detailed product descriptions and specifications.
This documentation must be kept for at least 10 years after the last product was placed on the market, a long-term obligation many smaller businesses underestimate.
4. Testing Costs and Lead Times
Testing is the backbone of toy compliance. In the EU and UK, the core safety standards are:
- EN 71-1 — Mechanical and physical properties.
- EN 71-2 — Flammability.
- EN 71-3 — Migration of certain elements (chemical testing).
- Additional EN 71 parts for specific risks (sound, activity toys, finger paints, etc.).
The Re-Testing Trap
A common frustration for manufacturers is that any significant change to a toy, including colour variations, material substitutions, or supplier changes, can trigger the need for new testing. This is because even a small alteration can affect compliance.
Time and Cost Pressures
Accredited laboratory testing can be expensive, especially for complex products. Small-batch producers face disproportionately high costs because they can’t spread testing expenses over large production runs.
Worse still, testing bottlenecks are becoming more common. In peak production seasons, lead times at some labs stretch to 6–8 weeks, which can destroy planned launch schedules.
5. Enforcement and Market Surveillance
The EU’s enforcement network is getting sharper, and less forgiving.
Safety Gate (RAPEX) in Action
The Safety Gate (formerly RAPEX) is the EU’s rapid alert system for dangerous non-food products. Every week, dozens of toys appear on its recall list for issues such as:
- Small parts pose choking hazards.
- Excessive levels of restricted chemicals.
- Non-compliant labelling or missing warnings.
When a product is flagged, it’s not just removed from sale in one country, alerts cascade across all EU member states.
UK Enforcement
In the UK, the Office for Product Safety and Standards (OPSS) plays a similar role. Post-Brexit, there’s been a notable increase in physical inspections and customs checks, especially for imports from outside Europe.
Marketplace Crackdowns
E-commerce platforms like Amazon, eBay, and AliExpress are tightening their own compliance controls. They now require manufacturers and sellers to provide full documentation before listing a toy. Incomplete or outdated technical files often result in delisting.
6. Grey Areas and Interpretation Differences
Even with harmonised standards, regulatory grey zones still exist.
Borderline Products
One of the trickiest areas for manufacturers is determining whether a product is legally considered a “toy.” For example:
- Decorative collectables marketed to adults, but attractive to children.
- Novelty stationery with play value.
- Gadgets or puzzles intended for ages 14+.
If authorities decide a product is a toy, the full weight of toy safety compliance applies, and if the manufacturer hasn’t prepared for that, the result can be a forced withdrawal.
Cross-Border Differences
While the EU aims for uniform interpretation, national authorities can still vary in how they assess risks. A toy that passes inspection in Germany might be flagged in Spain for a perceived hazard, leading to frustration and additional costs.
7. Sustainability and Eco-Design Pressures
Sustainability isn’t yet formally embedded in toy regulations, but it’s coming fast, driven by EU policy and retailer demands.
Packaging Rules
The EU’s Single-Use Plastics Directive and Packaging Waste legislation are pushing manufacturers towards recyclable, minimal packaging. Some member states are introducing stricter rules, for example, bans on plastic blister packs for certain product types.
Retailer Standards
Large retailers increasingly enforce private compliance codes that go beyond legal requirements. These might include:
- Maximum carbon footprint per product.
- Supplier transparency and ethical sourcing criteria.
- Eco-design principles (e.g., modular toys designed for repair).
For manufacturers, meeting these standards is becoming a commercial necessity, even if they’re not yet a legal one.
Practical Steps to Stay Ahead
Facing this minefield, what can manufacturers do?
- Monitor Legislative Changes Proactively, assign responsibility (internal or outsourced) for tracking updates to EU and UK legislation, including chemical restrictions and standards revisions.
- Integrate Compliance Early in Design, build EN 71 testing and chemical restrictions into product development from the concept stage.
- Centralise Documentation, use a digital compliance management system to store and update technical files, DPP data, and certificates.
- Plan for Dual Compliance, treat the EU and UK as separate markets, with dedicated labelling and documentation strategies.
- Vet Suppliers Rigorously, ensure upstream suppliers understand and meet your compliance requirements, and document this.
- Budget for Re-Testing, treat re-testing as a standard operational cost, not an exception.
- Engage with Retailer Codes, don’t wait for them to be enforced, align with leading retailers’ sustainability expectations now.
The Bottom Line
The regulatory headaches facing toy manufacturers in the EU and UK are real, and intensifying. But for those who treat compliance as a strategic asset rather than a burden, there’s an opportunity to turn these same rules into a competitive advantage.
In an era where consumers (and regulators) are more vigilant than ever, brands that can prove and demonstrate their safety, sustainability, and integrity will be the ones that thrive.
If you are unsure of where to start, visit www.arcmethodology.com and take our free compliance assessment to benchmark where you are today and get a free 25+ page report with a roadmap to improvement.