The UK’s existing framework for toy safety primarily relies on the Toys (Safety) Regulations 2011 (2011 Regulations).[1] This legislation originally derived from the EU Toy Safety Directive 2009/48/EC (TSD).[2] While the 2011 Regulations have served consumers well over the past decade, they now require modernisation in light of emerging risks, including toys that incorporate artificial intelligence (AI) and the growth of online marketplaces.
The toy product market has evolved significantly. Children now interact with:
- Smart and connected toys
- Internet-of-things (IoT) devices, and
- Products embedded with AI
Simultaneously, the increased reliance on cross-border e-commerce and third-party online marketplaces has fundamentally altered how consumers purchase goods, making enforcement and accountability significantly more complex.
As a result, the UK’s current legal regime is now widely regarded as outdated, lacking the provisions necessary to address modern digital and supply-chain risks.
Changes at EU level
Recognising similar vulnerabilities in its own regulatory landscape, the EU introduced the Toy Safety Regulation (EU) 2025/2509 (TSR)[3], which entered into force on 1 January 2026. The TSR applies to all toy products placed or made available on the EU market, with economic operators benefiting from a transitional period before full mandatory application takes effect on 1 August 2030.
The TSR has substantially revised the EU toy safety framework by imposing stricter controls on toys entering the market, with the aim of ensuring a higher level of child protection and reducing the prevalence of unsafe products. In particular, the TSR introduces new measures to regulate toys purchased through online marketplaces more tightly.
Key highlights of the EU reform include:
- Broader chemical restrictions: Extending prohibitions beyond traditional Carcinogenic, Mutagenic, or Reprotoxic (CMR) substances to target endocrine disruptors, per- and polyfluoroalkyl substances (PFAS), bisphenols, and respiratory sensitisers. The rules permanently ban endocrine disruptors and bisphenols. In addition, restrictions on the intentional use of PFAS have been significantly tightened and allergen limits have been reduced.
- Digital Product Passports (DPP): Replacing traditional paper declarations of conformity with a digital passport. The passport is accessible via a data carrier, such as a QR code, attached to the product.
- Protection against digital & AI risks: The TSR specifically mandates that connected and AI-operated toys be assessed for potential cyber risks and privacy breaches. It also requires assessment of any impact on a child's mental health or cognitive development.
- Online Marketplace Obligations: The TSR imposes stricter compliance responsibilities on online platforms. These measures are intended to ensure non-compliant toys sold by third parties are swiftly flagged and removed.
Changes to the UK framework proposed by the UK Government
The UK Government is seeking evidence through the Office for Product Safety and Standards (OPSS) to inform future toy safety legislation. The Product Regulation and Metrology Act 2025 (PRAMA)[4] provides the legal powers needed to introduce these changes through secondary legislation.
Crucially, under the Windsor Framework, the EU TSR will apply directly in Northern Ireland, making alignment or divergence in Great Britain a critical factor for internal UK trade.
The call for evidence seeks views on the following:
- The potential benefits and costs of taking a similar approach to the EU’s toy safety legislation across the UK
- The potential benefits and costs of continuing to recognise EU toy safety requirements, including the CE marking
- How emerging risks to consumers should be addressed, including those arising from chemicals, artificial intelligence and online marketplaces, and
- The practicalities and impacts of any future regulatory changes
The consultation is open to economic operators, consumers, trade associations, conformity bodies and members of the public.
The proposed UK framework mirrors many of the core pillars established in the EU reforms. The UK Government is proposing updates in the following key areas:
- Chemical safety: Expanding chemical prohibitions to capture newly identified high-risk substances.
- Digital Product Passports: Moving towards digital data carriers to streamline regulatory compliance and consumer transparency.
- Connected & AI-enabled toys: Establishing statutory duties to assess risks related to software, cybersecurity, data privacy and the mental health of children.
Purpose of the call for evidence
The OPSS call for evidence enables interested parties to respond to these proposed changes before they become law. The UK Government aims to:
- Evaluate financial and administrative impacts
- Identify supply-chain friction, and
- Assess the costs and benefits of recognising EU standards versus establishing distinct UK rules
Key considerations for interested parties
DPPs and the associated administrative burden: EU industry groups have raised concerns regarding implementation costs, IT readiness and proprietary data exposure. They contend that DPPs impose disproportionate burdens without effectively preventing non-compliant sellers outside the EU from accessing the market. The UK is likely to adopt paperless digital documentation; businesses should therefore highlight practical implementation costs in their responses to the consultation.
Broader chemical bans vs. specific exemptions: Broad EU hazard-based bans risk unintentionally prohibiting safe products, e.g., naturally occurring minerals in chalks or paints. The UK could adopt clear, risk-based exemption mechanisms rather than blanket bans.
AI and mental health assessments: Assessing open-ended psychological risks remains contentious due to the absence of standardised testing protocols. UK stakeholders may wish to advocate for clear, objective assessment guidelines.
Next steps
Economic operators affected by the consultation should carefully evaluate how potential reforms could impact their operational, design and compliance processes.
Given the references to EU legislation throughout the consultation, Great Britain is likely to adopt a framework closely aligned with the EU's to minimise trade barriers and avoid dual-compliance costs. However, navigating Northern Ireland’s direct application of the TSR alongside Great Britain’s evolving requirements makes proactive engagement all the more important.
Stakeholders are encouraged to submit evidence, as responses have the potential to directly shape the forthcoming legislative framework.
For assistance in formulating your consultation response ahead of the submission deadline of 6 October 2026, please contact our Product Regulation & Consumer Protection team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
[1] https://www.legislation.gov.uk/uksi/2011/1881/contents
[2] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0048-20221205