GPSR for Toys and Children's Products: Toy Safety Directive, New Toy Safety Regulation (EU) 2025/2509, EN 71 and Labels

Toy or children's product? How the two sets of rules fit together

EU law treats toys and other children's products differently, and the wrong classification leads to the wrong tests, documents and labels.

Article 2(1) of the Toy Safety Directive 2009/48/EC defines toys as products designed or intended, whether or not exclusively, for use in play by children under 14. Annex I lists products that are not toys, for example decorative objects for festivities, detailed scale models labelled for collectors aged 14 and over, babies' soothers, continuously wired child-appealing luminaires, children's fashion accessories not for use in play, puzzles with more than 500 pieces and certain sports equipment.

Article 2(1) of the GPSR (Regulation (EU) 2023/988) sets out how it relates to sector law. Where EU law imposes specific safety requirements, the GPSR covers only the aspects and risks those requirements do not cover. For products subject to Union harmonisation legislation such as the Toy Safety Directive, Chapter II of the GPSR (safety requirements) does not apply to the risks already covered, and Chapter III Section 1 (Articles 9–18, including the manufacturer duties and the Article 16 responsible-person rule) as well as Chapters V, VII and IX–XI do not apply at all. Chapter III Section 2 (Article 19 on distance sales, Article 20 on accidents), Chapter IV (Article 22 on online marketplaces) and Chapter VIII (Articles 35–37 on recalls and remedies) still apply.

The boundary in one paragraph: whatever the toy legislation covers (Directive 2009/48/EC today, Regulation (EU) 2025/2509 from August 2030) is governed by the toy legislation, and the GPSR only fills the gaps (GPSR Article 2(1)). CE marking and the label and listing information required by the GPSR exist side by side, and neither replaces the other: a CE marking does not excuse missing manufacturer or responsible person details, and vice versa. GPSR Article 21 lets operators provide the information additionally in digital form, such as a QR code, but that only supplements the physical label and cannot replace mandatory information on the product or packaging.

If you are unsure which group your product belongs to, start with the 3-step compliance check and confirm with a test lab.

The current rules: core duties under the Toy Safety Directive 2009/48/EC

Until 1 August 2030, toys placed on the EU market follow Directive 2009/48/EC. Article 4 sets out the manufacturer's duties:

• Safety assessment (Article 18): before placing the toy on the market, analyse the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and the potential exposure to them.
• Conformity assessment (Article 19): if you apply harmonised standards whose references are published in the Official Journal and which cover all relevant safety requirements, you may use internal production control (Module A). If no such standards exist, you did not apply them fully, a standard was published with a restriction, or you consider third-party verification necessary, the toy needs EC-type examination by a notified body (Module B plus C).
• Technical documentation and EC declaration of conformity: keep both for 10 years after the toy is placed on the market (Article 4(3)).
• CE marking (Article 17): visible, legible and indelible on the toy, an affixed label or the packaging; if it cannot be seen from outside the packaging, it must at least be on the packaging.
• Traceability: a type, batch, serial or model number (Article 4(5)) and the manufacturer's name, registered trade name or trade mark and contact address (Article 4(6)).
• Instructions and safety information in a language consumers easily understand, as decided by the Member State (Article 4(7)).

The EN 71 series is the usual route to show conformity. The parts sellers meet most often are EN 71-1 (mechanical and physical properties, including small parts, sharp edges and cords), EN 71-2 (flammability) and EN 71-3 (migration of certain elements). Electric toys normally also need EN IEC 62115. Only editions referenced in the Official Journal give a presumption of conformity, so re-check reports when a standard is revised.

Some hard requirements are easy to miss. Annex II Part I point 4(d) requires toys clearly intended for children under 36 months, and their components and detachable parts, to be large enough that they cannot be swallowed or inhaled. Part III bans substances classified as CMR category 1A, 1B or 2, with limited exceptions. Part IV caps the nominal voltage of electric toys at 24 V DC or the equivalent AC. Toys with a radio function must also meet the Radio Equipment Directive, and since 1 August 2025 radio toys that can process personal data must meet the privacy and data protection requirement made mandatory by Delegated Regulation (EU) 2022/30.

Warnings and age labelling: using "Not suitable for children under 36 months" correctly

Article 11 and Annex V of the Directive govern warnings. They are also where marketplace reviews and market surveillance checks most often find problems.

• Opening word: warnings must be preceded by "Warning" or "Warnings", in the language(s) of the country of sale.
• User limitations: Annex V Part A requires at least the minimum or maximum age and, where appropriate, the required abilities, maximum or minimum weight and the need for adult supervision.
• The 36-month warning: toys that might be dangerous for children under 36 months must carry "Not suitable for children under 36 months" or "Not suitable for children under three years" (or the graphic symbol), together with a brief indication of the specific hazard, which may appear in the instructions, for example that the toy contains small parts.
• No misuse: a toy that by its function, size and characteristics is obviously meant for children under three (a rattle or teether, for instance) cannot avoid the small-parts requirements by adding this warning. Article 11(1) also says that warnings conflicting with the toy's intended use must not be used.
• Category warnings: Annex V Part B sets fixed wording for activity toys ("Only for domestic use"), functional toys, chemical toys, skates and scooters sold as toys, aquatic toys, toys in food, imitation masks and helmets, toys strung across cradles or cots, and fragrance packaging in olfactory games and cosmetic kits. The wording in points 2 to 10 must be used as written.
• Visible before purchase: under Article 11(2), warnings that affect the purchase decision, such as minimum and maximum ages, must be on the consumer packaging or otherwise clearly visible before purchase, explicitly including online purchases. GPSR Article 19(d) also requires warnings and safety information in the online offer. Age warnings therefore belong on the packaging and in the listing.
• Language: Article 11(3) lets Member States require their own language(s). If you sell on several EU marketplaces, prepare warnings in each language.

You can draft a label layout with the tool at gpsrtools.com, but the warning content should follow your test report and the standard. General labelling rules are covered in GPSR label requirements.

Children's products that are not toys: the GPSR applies directly

Soothers, cots, changing units, high chairs, baby carriers, bath tubs, drinking cups, safety barriers and children's clothing fall outside the Toy Safety Directive (soothers are expressly excluded in Annex I). Their safety is mainly governed by the GPSR, so all manufacturer duties in GPSR Article 9 apply. Before placing the product on the market you must carry out an internal risk analysis and prepare technical documentation, which you keep for 10 years. The product must carry a type, batch or serial number and the manufacturer's name, registered trade name or trade mark and postal and electronic address. You must also supply instructions and safety information in the local language.

Article 6 lists the aspects used to decide whether a product is safe. Several are central for children's products:

• Article 6(1)(d): presentation and labelling, including labelling on age suitability for children, warnings and instructions for safe use;
• Article 6(1)(e): the categories of consumers using the product, in particular vulnerable consumers such as children, older people and persons with disabilities;
• Article 6(1)(f)(i): non-food products that resemble food and might be put in the mouth, sucked or swallowed, especially by children;
• Article 6(1)(f)(ii): products not designed for children that are likely to be used by them or look appealing to them because of their design, packaging or characteristics, such as cute magnetic desk toys or candy-shaped erasers.

Under GPSR Article 7(1)(a), a product that conforms to European standards whose references are published in the Official Journal is presumed safe for the risks those standards cover. Commission Implementing Decision (EU) 2026/901 lists the standards supporting the GPSR. Children's product standards on that list include:

The list is updated from time to time, so confirm the edition with your lab before testing. These products also need an EU responsible person under GPSR Article 16 (see EU responsible person), and the documentation is explained in GPSR technical documentation and risk assessment.

The new Toy Safety Regulation (EU) 2025/2509: timeline and main changes

Regulation (EU) 2025/2509 on the safety of toys was adopted on 26 November 2025, published in the Official Journal on 12 December 2025 and will replace Directive 2009/48/EC. As a regulation, it applies directly in every Member State without national transposition.

Changes that matter to sellers:

• Digital product passport (DPP) instead of a declaration of conformity: under Article 19, a DPP must be created for each toy model before it is placed on the market. It is linked through a data carrier, such as a QR code, to a persistent unique product identifier. The carrier should normally be on the toy or an affixed label and visible before purchase, including online. Manufacturers must upload the unique product and operator identifiers to the Commission's DPP registry (Articles 7(2) and 22), keep the DPP for 10 years and hold a back-up copy with a DPP service provider. Technical details will follow in Commission delegated acts, which are not all available yet.
• Much stricter chemicals rules: Annex II Part III extends the ban from CMR substances to endocrine disruptors (category 1 or 2), specific target organ toxicants (category 1), respiratory sensitisers (category 1) and skin sensitisers (category 1A), with a derogation mechanism. Intentional use of PFAS is banned, as are the bisphenols listed in the appendix. The trace limit for banned fragrance allergens falls from 100 mg/kg to 10 mg/kg, and fragrance allergens above 10 mg/kg must be named on the label and in the DPP. Some limits that used to apply only to toys for under-36-month-olds or toys put in the mouth will apply more widely.
• Standard warning format: Annex III allows "Warning" or a generic pictogram (black exclamation mark in a black triangle on yellow, at least 10 mm). The text x-height must be at least 1.2 mm, or 0.9 mm on packaging whose largest surface is under 80 cm². The 36-month pictogram must be at least 10 mm. Article 6(3) repeats that warnings must be visible before purchase, including in distance sales.
• Contact details: Article 7(6) requires both a postal and an electronic address, and Article 7(12) requires public channels, such as a phone number, an email address or a web page, where consumers can report complaints and accidents.
• Connected toys: for toys covered by the AI Act, the Cyber Resilience Act or the Radio Equipment Directive, the Article 25 safety assessment must take account of children's particular vulnerabilities. The recitals also mention the mental-health risks of digitally connected toys.
• Online marketplaces: under Article 14, offers of non-compliant toys count as illegal content under the Digital Services Act. Marketplace interfaces must let sellers show the CE marking, the warnings and the DPP data carrier or link.

Practical advice: keep product data in a structured form now to prepare for the DPP, and check new formulations against the new chemical limits.

EU responsible person, labels and listings: what toy sellers must show

Toys are among the products listed in Article 4(5) of Regulation (EU) 2019/1020. A toy may therefore be placed on the market only if an economic operator established in the EU carries out the tasks in Article 4(3). That operator can be an EU manufacturer, an importer, an authorised representative with a written mandate, or, where none of those exists, a fulfilment service provider. Its name, registered trade name or trade mark and contact details, including the postal address, must be on the product, packaging, parcel or an accompanying document (Article 4(4)).

What the listing must show (GPSR Article 19, which also applies to toys): the manufacturer's name, registered trade name or trade mark and postal and electronic address; if the manufacturer is not in the EU, the name, postal and electronic address of the responsible person; information identifying the product, including a picture, its type and any other identifier; and the warnings and safety information that must be on the product or packaging, in a language consumers in the country of sale easily understand. Platform-by-platform tips are in GPSR information for online sales.

When something goes wrong: GPSR Article 20 requires the manufacturer to notify, without undue delay and through the Safety Business Gateway, accidents caused by its product that led to death or serious adverse effects on health and safety, to the authority of the country where the accident happened. If the manufacturer is outside the EU, the responsible person who knows of the accident must ensure it is notified. Recalls use the recall notice in Article 36 and the remedies in Article 37. See accidents, recalls and Safety Gate.

Amazon EU and toys: common issues and lawful fixes

This section relies only on Amazon's public statements and staff replies in its seller forums; Seller Central wording can change at any time.

• Listings blocked for missing GPSR data: Amazon asks for manufacturer details, EU responsible person details and safety information or images showing warnings for EU listings. Without them a product may not be listable or may stop being shown. Recovery steps are in Amazon GPSR listing deactivated.
• Toy compliance document requests: Amazon staff replies in the seller forums show that toys are often asked for an EC declaration of conformity (naming Directive 2009/48/EC, the applied standards such as EN 71, and the signatory's name and position) and matching test reports. These can come from the brand owner, the EU importer or the authorised representative.
• Documents that do not match the product: a frequent reason for rejection is that the product name or model on the declaration or report differs from the listing and product images. Check that model, brand, images and labels match before uploading.
• CE marking and warnings not visible: upload clear photos of the product or packaging label showing the CE marking, age warnings and manufacturer and responsible person details.

Use lawful routes only. Do not forge or alter test reports or declarations, and do not use fake or borrowed EU addresses. Who can act as your EU responsible person and what the mandate should cover is explained in EU responsible person. If you are not sure what you are missing, take the compliance check.