The Toy Association™ Provides Input on Proposed CPSC Update to Toys Containing Button or Coin Cell Batteries

November 19, 2024 | The Toy Association™ submitted comments on November 14 in response to the U.S. Consumer Product Safety Commission’s (CPSC) notice of proposed rulemaking (NPR) to add additional performance and labeling requirements for toys containing button cell or coin cell batteries.

The NPR seeks to largely align the toy regulations under 16 CFR 1250 with broader consumer product requirements outlined in Reese’s Law (16 CFR 1263); CPSC cites a desire for regulatory consistency, despite an explicit exemption for toys under Reese’s Law, which recognizes ASTM F963 as already providing sufficient protection for battery safety in toys. ASTM F963 is a mandatory standard and one of the most respected and widely recognized safety standards in the world, developed under a multi-stakeholder consensus process. The standard was last updated in 2023 and unanimously approved by the Commission.

In addition to providing detailed feedback on the proposal, The Toy Association highlights that the NPR creates unnecessary regulatory overlap without demonstrating an improvement to safety.

“The NPR proposes redundant and burdensome requirements as well as large and potentially unworkable labeling requirements in a timeframe that will result in safe toys having to be removed from sale before changes can be made,” said Jos Huxley, senior vice president of technical affairs at The Toy Association.

The Toy Association will continue to keep its members apprised of developments on this issue. Questions from members may be directed to Jos Huxley.

Click here to read The Toy Association’s official statement on button cell batteries.