As a lawyer practising in Ireland and in the UK (England and Wales), it is interesting to see how the different jurisdictions now implement legislation aimed at protecting their consumers. This is particularly relevant as many laws in Great Britain are based on EU laws which applied when the UK was a member state of the EU.
Both jurisdictions have laws governing ‘general product’ safety and ‘product specific’ safety.
Toys come under the ‘product specific’ heading.
EU developments
In the EU, toy safety legislation was recently updated with effect from 1 January 2026 with the introduction of EU Regulation 2025/2509 on the safety of toys. Many provisions in the new Regulation do not take effect until 1 August 2030 including:
- digital product passports,
- the regulation of Artificial Intelligence used in toys and
- stricter requirements for chemicals used in toys
UK proposals
Current UK toy safety legislation is found in the Toys (Safety) Regulations 2011. They give effect to the EU Toys Directive (2009/48/EC), which will be repealed by the new EU toy safety Regulation.
Meanwhile, the UK has opened a ‘Call for Evidence’ to assess any potential changes to UK/GB toy safety legislation.
There are two main issues to be addressed:
- the potential benefits and costs to businesses and consumers if similar changes to the EU regulation were implemented UK wide, and
- the potential benefits and costs of continuing recognition of EU toys requirements, including CE marking
The UK authority, the Office for Product Safety and Standards (OPSS), is interested in understanding the pros and cons of introducing legislation along the lines of the new EU Regulation (see above).
The UK Questions
The Call for Evidence includes three main questions, which are each divided into a series of sub-questions.
The main questions are:
- What factors should be considered if the UK were to continue its recognition of new EU product requirements for toys, including the CE marking?
- What factors should be considered if the UK Government were to implement the same approach to the EU Toy Safety Regulation 2025/2509 across the whole of the UK?
- Are there are any opportunities to make administrative savings for business?
Next steps
If you are affected by the potential changes to UK toy safety legislation, or simply wish to have your say, you may submit your responses to toys.enquiries@businessandtrade.gov.uk which must be received before 11:59 pm on Tuesday 6 October 2026.
How can we help?
Please get in touch if you will be affected by the UK proposals or wish to make a submission. We can also provide guidance and assistance on a wide range of product safety matters in Ireland and in the UK.
Ian Thomas can be contacted at ian@ianthomasassociates.com
He also practises from Gough Square Chambers, London – ian.thomas@goughsq.co.uk
This article is provided for information only and does not constitute legal advice. Formal legal advice should always be obtained before taking or refraining from taking any action.
Any comment or views expressed in this content are personal.