New data: unsafe toys from third-country sellers are reaching European consumers

Almost every toy bought from third-country sellers on major online marketplaces failed EU compliance checks in a new investigation by Toy Industries of Europe (TIE). 86% of the toys posed direct safety risks to children. 

Higher results in 2025

The results of the 2025 mystery shopping are even higher than those from TIE’s 2024 exercise, indicating that the EU’s efforts to tackle unsafe online toy sales from non-EU sellers have fallen short. In 2024, TIE found that 80% of toys failed EU safety tests. Notably, several of the same toys flagged as unsafe last year were still openly for sale - sometimes from the same sellers - and failed safety testing again. 

TIE tested 70 products purchased on seven platforms commonly frequented by European consumers. 

Independent laboratory testing revealed direct safety risks for children, from small parts creating a choking risk, to accessible button batteries and toxic chemicals. Examples include: 

• Toys that released small parts, creating a choking risk. This included toys marketed for children under three.
• Toys that allowed direct access to button batteries, including lithium coin cells. If swallowed, these can cause severe internal injury.
• Toys with detachable suction cups that can block a child’s airway. 

TIE points out that the very strict EU toy safety rules cannot be enforced when the seller of the toy is based outside of the EU and has not appointed a bona fide ‘EU responsible person’ or ‘economic operator’. The revised General Product Safety Regulation was meant to improve the situation but has failed to do so in practice. 

Appointing a responsible economic operator

The current EU framework relies on non-EU sellers appointing a ‘responsible economic operator’ in the EU — a system that is largely unenforceable for market surveillance authorities. Often no-one takes responsibility for these non-compliant products. The Digital Services Act is keeping online platforms away from responsibility in this respect even though they play a crucial role in making the sale happen. As a result, there is often no-one in the EU accountable for the safety of the toy. 

False or inaccurate details

TIE's exercise has cast serious doubt over a system relying fully on EU ‘responsible persons’ that are not checked. They found offers for toys with false or inaccurate details such as a London address labelled having France as its country, or an address in Paris listed in Germany with a Belgian phone number. In these cases where an economic operator is absent or invalid, online marketplaces who facilitate the transaction in the EU, should be legally regarded as the toys’ “economic operator” under EU law. Currently they are not and therefore bear no responsibility for the safety of those toys sold from their platforms. Brick and mortar stores have this responsibility. 

Decisive, joined-up action

TIE urges for decisive, joined-up action. The forthcoming EU Product Act (expected next year) should make online platforms legally responsible when toys are sold by third-country sellers with no accountable party in the EU. 

Source: Press Release