95% of toys purchased on TEMU violate EU safety regulations

Toy Industries of Europe (TIE) purchased the 19 toys at the end of 2023 on the online marketplace TEMU, which was founded in 2022. Testing by an independent, accredited test laboratory found that none of the toys purchased in this test purchase complied with the applicable regulations for toys in the EU. 18 of the toys purchased on TEMU - 95 per cent - pose a safety risk to children.

Alarming results

The results of the investigation by TIE are alarming. None of the toys purchased comply with EU regulations and should not be offered for sale in the EU. 18 of these toys purchased on TEMU do not comply with the applicable toy standards of the EN 71 series. They therefore pose a significant risk to children. According to the test, the dangers include cuts, suffocation, strangulation, puncture wounds and chemical risks. For example, a rattle for babies purchased in the test harbours several safety risks, including sharp edges on the metal bells (risk of cuts), small parts (risk of suffocation) and rigid protrusions on the toy, which can lead to blockages or obstructions in the digestive tract. The boron content of one slime toy was 11 times higher than the legal limit for toys. 18 of the 19 toys purchased in the test did not have an EU address, which is also required under the EU Market Surveillance Regulation.

Digital Services Act is not enough

The results of the current study are in line with the results of the 2020 TIE study, in which toys were purchased from four other online marketplaces. Other similar studies come to the same conclusion. The problem lies with third-party suppliers who are based outside the EU and therefore cannot be held responsible for the safety of the toys (in the current case, this applied to all 19 toys purchased). The EU legal framework does not cover this situation. Recent legislative changes such as the Digital Services Act may lead to better enforcement against EU sellers, but do not close the gap for non-EU sellers. The revised Toy Safety Directive, which has stricter rules than other consumer products, could close this gap. Consumers in the EU need a proactive approach from politicians and clear obligations for e-commerce platforms so that irresponsible retailers cannot operate on such platforms.

Online platforms: a playground for unfair competition

Catherine Van Reeth, Director General of Toy Industries of Europe, says that the EU needs to design - and enforce - better rules against the sale of counterfeit and unsafe toys: "The EU has the strictest toy safety rules in the world. However, non-EU sellers can continue to sell unsafe toys that endanger children on online platforms."

Discrepancy between EU requirements and national law

The DVSI has also been pointing out the discrepancy between the requirements that EU and national law place on the toy industry based in the EU and the colourful hustle and bustle of dubious third-party sellers on online platforms, which brings an entire industry into disrepute. "In recent years," says DVSI Managing Director Ulrich Brobeil, "toys classified as dangerous have often come from dubious sources and/or dubious manufacturers who disregard European safety standards and capitalise on the platform economy. However, it is unacceptable that European manufacturers have to struggle with more and more regulations, while the platform economy remains a playground for unfair competition from dubious non-European providers despite the Digital Services Act.“

Taking actions

In response to the TIE investigation results of these test purchases, TEMU replied that they have taken action and the toys can no longer be found on the platform. However, the corrective actions are not enough. For every unsafe toy found on the platform, there are countless others that are not found and continue to end up in the hands of EU consumers unchecked. The EU needs more targeted legislation to protect children and allow reputable toy manufacturers to compete fairly. The revision of the Toy Safety Directive with the aim of an EU regulation provides an opportunity to tackle this.

TIE and DVSI are therefore calling for the following legislative changes:

The Toy Safety Directive, which is currently being revised, should close the regulatory gap that remains despite the Digital Services Act and other regulations for sellers based outside the EU. For none of the 19 toys purchased in the current test purchase is there an EU-based economic operator responsible for the safety of the toy on offer. If there is no economic operator established in the EU, the online marketplace should be considered responsible for the safety of the toy from the perspective of the toy industry.

Market surveillance authorities must focus on enforcing the rules for this type of import and be given the necessary resources to do so. This means that small consignments of low value are also inspected, as this type of parcel often escapes inspection.

National supervisory authorities should be required to consider how they can better apply existing rules to block websites that regularly facilitate the sale of dangerous toys.

Proper enforcement of the provisions of the Digital Services Traceability of Traders Act (KYBC) should require online platforms to verify that the information provided by traders is accurate.

Sources: www.dvsi.de and https://www.toyindustries.eu