EU Requires Magnetic Toys to Carry Warning Label

February 29, 2008 // Published as a news service by IHS

The draft proposal covers all "magnetic toys" - toys that have loose or detachable magnets, or magnetic components of such size and shape that they can be swallowed by children. A warning label will have to be displayed on the packaging or otherwise attached to the toy.

The proposal is part of the follow-up to the assessment of toy safety controls undertaken by the EC last year, following a series of high-profile toy recalls. It is in line with similar measures recently taken by some EU member states.

"Tiny magnets in toys are often no bigger than the size of a pencil eraser, but they have become very powerful. There is mounting evidence of the real injury that can be caused when tiny magnets end up in children's mouths if they come loose and are swallowed," said Meglena Kuneva, EC commissioner for consumers.

"This warning label is a temporary measure while the EU-wide standard is being revised. The warning label will spell out clearly for parents the potentially serious risks and ensure extra vigilance," Kuneva added.

Current situation
Presently there are no specific rules or standards covering magnetic toys. They are only governed by the general EU requirement that toys placed on the market pose no health or safety threat.

Magnets are an emerging risk. In the course of the last few years, they have become smaller, more powerful and more easily detachable. Besides a fatal accident reported in the U.S. in 2006, recently there have been numerous accidents with children swallowing magnets detached from toys, as well as hundreds of consumer complaints, incident reports and several RAPEX notifications. (Magnets are attracted to each other and may cause lacerations of the digestive tract.)

Several toy manufacturers have recently issued major recalls of toys containing magnets, most prominently Mattel, who recalled about 18 million toys worldwide during the summer of 2007.

New proposal
The EC asked the European Standardisation Committee (CEN) to revise the relevant European standard (EN 71-1) in order to cover the specific risks related to small magnets in toys. The CEN was given two years to do so and should return a revised standard, with proper constructional solutions for manufacturers, in the summer of 2009.

In the meantime, through the EC proposal approved by member state experts on Feb. 28, warning labels will be put on all magnetic toys that could pose a risk to children. The warning is a temporary solution to bridge the gap until the CEN produces the revised standard.

The draft decision specifically covers magnetic toys. In order to be marketed in the EU, such toys will have to display a warning that is clear, readable and visible to the consumer, and that contains the following wording (or equivalent): "Warning! This toy contains magnets or magnetic components. Magnets sticking together or becoming attached to a metallic object inside the human body can cause serious or fatal injury - seek immediate medical help if magnets are swallowed or inhaled."

Next steps
The proposal will now go to the European Parliament, which has a right of scrutiny, after which it will be formally adopted by the EC. The EC has already initiated the 60-day notification process required through the World Trade Organisation, which should finish at the end of March.

Within three months of the EC adoption of the decision, member states must ensure that all magnetic toys that are marketed in the EU are compliant with this measure, and that those which do not comply are blocked or withdrawn from the market.

For further information, please see the EU web site on Consumer Affairs.

Source: European Commission.