Ecodesign: A new standard for sustainable products, with a focus on toy safety
Ecodesign refers to the systemic integration of environmental considerations into the design and development of products, with the aim of minimising their environmental impact throughout their entire lifecycle. The EU Ecodesign Framework for Sustainable Products, established by Regulation (EU) 2024/1781 (the “Ecodesign Regulation” 2024), sets out an approach to tackling the environmental sustainability of products placed on the EU market. It encompasses the need for products to be durable, repairable, recyclable and contain less hazardous substances.
Against this backdrop the European Union is advancing a new Toy Safety Regulation, which together with the recently adopted Ecodesign Regulation, marks a significant evolution in the regulatory landscape for toys and other consumer products. The new Toy Safety Regulation and the Ecodesign Regulation are aligned in their objectives, where both seek to ensure products placed on the EU market are safe, sustainable and fit for the digital age. The integration of the Digital Product Passport (“DPP”) into both regimes exemplifies this alignment, requiring a unified digital infrastructure for product information, compliance, and traceability.
Digital compliance and consumer safety
On 19 June 2025 the European Commission Staff Working Document titled “Monitoring of the European Declaration on Digital Rights and Principles” (the “Document”) was published. The Document discusses the General Product Safety Regulation (“GPSR”), which became applicable from December 2024. The GPSR introduces specific product safety-related obligations for online marketplaces, building on the framework of the Digital Services Act (“DSA”), where providers of online marketplaces targeting EU consumers must register with the EU Safety Gate Portal and indicate their point of single contact there. The GPSR also introduces strict deadlines for handling governmental orders and notices and specifies the minimum information that traders must indicate on each product listing before publication on online marketplaces.
The Document highlights the Commission’s promotion of digital solutions like the DPP which will make product regulatory compliance information available in a digital format. Over time, most physical goods placed on the EU market, including toys, will require a DPP. Further the Ecodesign Regulation mandates the use of the DPP for a wide range of products including toys and further requires that the entire value chain is addressed. For example, manufacturers are subject to legal duties regarding toys being durable, repairable, recyclable and that hazardous substances such as PFAS are minimised or eliminated. It also prohibits the destruction of unsold consumer products including toys, to prevent waste.
New regulation for toys
The EU is set to overhaul toy regulation, where the proposed rules significantly tighten safety standards, including a ban on a wider range of harmful chemicals, such as endocrine disruptors, PFAS, and certain substances that are considered to be allergens, particularly in toys for young children. To be clear, PFAS, or per- and polyfluoroalkyl substances, are a group of synthetic chemicals widely used for their water and stain-resistant properties but are persistent in the environment and have been linked to adverse health effects. The new Toy Safety Regulation’s ban on PFAS and other hazardous chemicals is intended to be a significant step forward in protecting children’s health and the environment, adding to the current requirements regarding certain substances being banned from consumer goods that children have access to.
One key innovation is the introduction of a DPP, a QR-coded system providing comprehensive safety and compliance data. The new laws will also expand safety assessments to include mental health risks from digital products and place stronger obligations on online marketplaces to display safety information before the point of purchase.
Changes to enforcement of ecodesign duties
Both the Ecodesign Regulation and the Toy Safety Regulation introduce strengthened market surveillance mechanisms to ensure effective enforcement. In 2024, the EU recorded a record-high 4,127 alerts in the Safety Gate system, the most since its 2003 inception. Of that, toys accounted for 15% of all notifications, placing them among the top three categories flagged.
The GPSR introduced and underpinned the new enforcement mechanisms, such as simultaneous compliance checks ("product safety sweeps") by national market surveillance authorities, which are particularly relevant for online sales of toys. These mechanisms are designed to ensure that toys sold online meet the new safety requirements and that non-compliant products can be swiftly identified and removed from the market. The Ecodesign Regulation further requires Member States to develop national market surveillance strategies, prioritising products and requirements based on objective criteria such as observed levels of non-compliance and environmental impact.
Concluding remarks
The regulatory landscape for toys in the EU is undergoing transformation driven by the digital age and the movement towards sustainability. The new Toy Safety Regulation in conjunction with the Ecodesign Regulation and supporting digital frameworks, establishes a forward-looking regime that prioritises safety, environmental performance and transparency with a view to heightening the protection of consumers, especially children.
This leaves the question of what action the UK government will take to tackle safety in products especially given the high volumes of recalled goods, in the UK. It further raises the question of whether the EU regulation will have a ripple effect in the UK, leading to the changes in substances in products.
Alternatively, some commentators have opined that if UK regulators do not take action, it could lead to an influx of surplus non-EU compliant toys to the UK market. However, there is an opportunity for the UK to align with the EU’s stricter rules, enabling retailers and manufacturers to maintain seamless market access while raising safety standards domestically.
