Children's Toys
Are Children's Toys Cosmetics?
Can a cosmetic product also be a toy?
The age of the person on which a substance or mixture is applied for cosmetic purposes is not a constituent part of the definition of “cosmetic product”. Therefore, it all comes down to the intended purpose of the product and has to be assessed on a case-by-case basis from the point of view of the reasonably well-informed consumer.
Toys fall under the scope of the Directive 2009/48/ EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (Toy Safety Directive) and, according to this document, are defined as “products designed or intended, whether or not exclusively, for use in play by children under 14 years of age."
Cosmetic products with a “play value” may fall within the definition of cosmetic products if they are “intended to be placed in contact with the various external parts of the human body […] with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.” However, the product can be a cosmetic and a toy, because of this “play value ” (e.g. face paints, temporary tattoos) and the classification as a toy does not deprive it from its qualification as a cosmetic product.
What is the regulatory framework for a product that is both a cosmetic and a toy?
In such cases, the product must fully comply with Regulation (EC) No 1223/2009 as well as Directive 2009/48/EC.
This means that the product has some additional labelling and safety requirements regarding its toy function.
To declare compliance with the mentioned Directive, the CE mark must be printed on the product label before the toy is placed on the market, that is before the toy is made available on the Community market for the first time.
In addition, the European Committee for Standardization (CEN) implemented the EN71 to prevent harmful products from entering the European Union (EU) market. As such, it is a mandatory standard for all imported and manufactured toys in the EU to be tested and comply with the applicable EN 71 standards. The standard outlines multiple safety requirements, including flammability, usage of chemicals, and mechanical and physical properties.
Do you want to place a cosmetic that is also a toy on the EU market and have questions about the process? Contact us!