Brussels Bans Toys - Safety First or Spoilsport Law?

Brussels Bans Toys - Safety First or Spoilsport Law?

Christmas stockings look likely to be a little lighter this year due to a new EU ruling on toy safety. Many traditional toys are being banned because they do not conform to tough regulations imposed by Brussels, and some long time family favourites are now deemed to be dangerous under the Toy Safety Directive which regulates all toys sold to children under 14.

This year's 'hit list' includes: balloons, party blowers, magnetic fishing games, toy lipsticks, whistles and recorders. It is also envisaged that within the next 18 months 'scratch and sniff' toys such as the strawberry-smelling Lots-O-Hugging bear featured in Toy Story 3 will be banned because of the chemicals that are used to create the fragrance.

The Brussels approach may come as no surprise to some given the rapidly increasing amount of health and safety legislation and red tape imposed upon businesses, however while many businesses understand the fundamental concept of protecting their customers and staff under both health and safety and consumer protection legislation, to what extent can toys pose an unacceptable safety risk to children?

The Directive states that:

  • Children under the age of eight are no longer allowed to blow up balloons, if they are unsupervised;
  • All teddies and soft toys for children under three must be washable to prevent the spread of disease and infection;
  • Limits have been imposed on how noisy toys, including babies' rattles, can be;
  • Party blowers which unscroll when blown are categorised as unsafe for under 14s as EU officials claim bits of blower could come off and cause choking. These can no longer be sold unless they pass strict new tests;
  • Some children's musical instruments, such as recorders and whistles, are also banned because they may come apart and pieces of them could be swallowed; and
  • Traditional toys containing magnets, such as fishing games and wooden cranes with magnets, could be deemed unsafe following cases where children have swallowed small magnets which have then disintegrated and pulled intestines together, causing severe injuries.

Whilst businesses have been given until August this year to comply with the Toy Safety Directive, economists have predicted that manufacturers are likely to be forced to increase their prices this Christmas to cover the cost of new safety tests demanded by the Directive. Initial indications from the toy manufacturing industry state that suppliers warn they are already struggling to deal with a mountain of bureaucracy incurred by the Directive.

Interestingly, although Britain under Labour broadly supported the new Directive, Coalition Government sources said they resisted measures amid fears they would burden industry with extra costs and drive up the price of toys at a time when they are very aware that they are under mounting pressure to relieve British businesses from the throttling grip of health and safety legislation from Europe.

Arguably, while some may see this legislation as going a step too far, the European Commission have insisted that the new safety legislation was needed to prevent "horror stories", and that "these safety standards have been agreed by the UK together with the other EU member states in order to prevent every parent's worst nightmare". Looking at this legislation from a businesses perspective, surely this can only be a positive thing if it makes companies more aware of their health and safety obligations. Anything that helps to prevent a serious accident occurring, with the costly fine that could follow, is a good step to keeping kids safe.

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