STILL toying with children's safety - .the UK government and online platforms are still not stopping the sale of dangerous toys to UK children ...

Page created by Gary Schroeder
 
CONTINUE READING
STILL toying with children's safety - .the UK government and online platforms are still not stopping the sale of dangerous toys to UK children ...
STILL toying with
children’s safety.

….the UK government and online platforms are still not stopping
the sale of dangerous toys to UK children. The British Toy and
Hobby Association calls for the law to change.
STILL toying with children's safety - .the UK government and online platforms are still not stopping the sale of dangerous toys to UK children ...
2                                                                                                                                                                                                                                                                                                3

    INTRODUCTION
    The British Toy and Hobby Association (BTHA) believes                              The BTHA calls on the UK government                                 into examination at her local hospital. X-rays were taken and to to the family’s horror, they revealed that
    that online marketplaces should owe a duty of care to                                                                                                  14 miniature magnets were lodged inside Rebecca’s intestines. They had to be removed immediately and
                                                                                       to regulate these sellers and platforms
    their customers to ensure that all toys that are available                                                                                             Rebecca was rushed to Royal London Hospital for emergency surgery.
    to purchase via their platforms are safe.
                                                                                       before there is a fatality.
                                                                                                                                                           Sam and her husband Steven, were warned that Rebecca could lose all or part of her intestines, depending
    The BTHA has been reporting unacceptable levels                                    Natasha Crookes, Director of Public Affairs for the BTHA            on the damage caused. Sam says those two hours in surgery were the worst hours of their lives. They didn’t
    of unsafe toys sold via third-party sellers on online                              said, “It is not acceptable that unsafe and non-compliant           know if Rebecca was going to survive.
    marketplaces since September 20181 as part of its                                  toys are simply allowed to enter the UK market,
                                                                                                                                                           Eventually the surgeon returned with a pot containing the 14 multi-coloured magnets that they had
    commitment to identify and stamp out the sale of unsafe                            putting children at risk of serious harm. We believe the
                                                                                                                                                           successfully removed from Rebecca’s body. Those magnets had managed to burst through and rupture
    toys. This report demonstrates that online marketplaces                            government has to step in to legislate this wild-west of
                                                                                                                                                           three parts of Rebecca’s intestines. She was lucky to be alive.
    are hosting the sale of toys that do not comply with                               safety and we must see politicians from all sides of the
    safety standards. It lays bare the ongoing levels of                               house coming together to protect children as part of the            But Rebecca is not fully out of the woods yet. Her scar tissue from
    unsafe and non-compliant toys that continue to be                                  UK review of the product safety framework in 2021.”                 surgery could tear and the family has been warned to closely watch
    allowed to be sold to unsuspecting UK consumers and                                                                                                    out for any recurring sickness.
    shows that the situation is not improving.
                                                                                       The report;                                                         Sam says “I would hate for any other child to go through what
    Children in the UK are at risk of death                                            •	Identifies the latest levels of unsafe toys from a               Rebecca suffered because of buying dangerous toys via online
    and serious injury from the sale of                                                   random selection purchased from third-party sellers              marketplaces. The government needs to take action, the law
    unsafe toys via online marketplaces.                                                  on Amazon, eBay, Aliexpress and Wish.com                         urgently needs to change and online marketplaces need to be held
                                                                                       •	Compares those figures to the past two reports and               accountable for the products they allow to be sold.
    Consumers often believe they are buying from a trusted
    international retailer (the platform), when the reality                               shows that there is an ongoing issue that needs
                                                                                                                                                           “That is why our family is committed to supporting the BTHA's
    can be very different. In fact, the sellers are third-party                           addressing by legislation
                                                                                                                                                           campaign – to bring about tougher product safety laws for
    vendors, often based overseas, that ship direct, or via                            •	Lays out options for government to make regulatory               marketplace sellers and platforms before a child dies and many
    the online marketplaces’ fulfilment channel. Consumers                                changes to hold the platforms and sellers to account             more are critically injured.
    believe that somewhere in that process there will                                  •	Calls on government not to rely on voluntary
    be checks on the products that are sold – but unlike                                  pledges from platforms, as they have not limited         Electrical Safety First CEO, Lesley Rudd                                             The law needs to change to ensure that online
    traditional retail, this process has no, or very limited,                             unsafe toys during the same period we have                                                                                                    platforms have responsibility for the safety
    oversight from the platform where the toys are listed, or
                                                                                                                                                   "Electrical Safety First supports the BTHA call for
                                                                                          been testing.                                                                                                                                 of products that are offered for sale on their
    the online marketplaces themselves.
                                                                                                                                                   change. Electrical Safety First has conducted a
                                                                                                                                                                                                                                        marketplaces."
                                                                                                                                                   number of studies of electronical products over
                                                                                                                                                   recent years.2                                                                       Child Accident Prevention Trust (CAPT), CEO, Katrina
                                                                                                                                                                                                                                        Phillips
                                                                                                                                                   In one study we tested 15 products available on
                                                                                                                                                   Amazon Marketplace, eBay and Wish.com in a                                           “We’ve grown increasingly worried that many toys
                                                                                                                                                   specialist test laboratory. 14 out of 15 (that’s over                                sold through online marketplaces don’t comply with
            Becca's Story                                                                                                                          90%) of the products purchased failed against UK                                     UK safety standards. As consumers, we assume that
            Last Christmas Sam McCarthy brought a present from a third-party seller                                                                safety standards and could have caused serious                                       online marketplaces are actively policing the safety
            on a well-known marketplace for her eldest son which nearly killed her                                                                 electric shock or fire.                                                              of the products they sell. Unfortunately, that’s not
            3-year old daughter, Rebecca.                                                                                                                                                                                               the case. What’s more, the government has limited
                                                                                                                                                   Our investigations have also found electrical
                                                                                                                                                                                                                                        powers to force them to check if toys are safe or not.
            Freddie, 10 got swept up in the magnetic ball craze and was absolutely                                                                 products listed on online marketplaces that had been
            thrilled to find three packets of them when he unwrapped his gifts on                                                                  recalled for safety reasons.                                                         That’s why we really welcome the work that
            Christmas Day. But the festive fun quickly turned into a nightmare.                                                                                                                                                         BTHA is doing to raise awareness and put forward
                                                                                                                                                   The BTHA report reflects our own findings; in their
                                                                                                                                                                                                                                        potential solutions. We need everyone who sells
            On the 28th January, Rebecca started to vomit and clutch her stomach                                                                   study 34 electronic toys had missing safety labelling,
                                                                                                                                                                                                                                        toys to sell safe toys. Online marketplaces shouldn’t
            repeating a word that the family had never heard her say before: “Owie.”                                                               14 failed temperature testing and could have caused
                                                                                                                                                                                                                                        be the exception to this rule.”
            Her symptoms grew increasingly worse and she was rushed straight                                                                       burns or fires, 11 had easy access to coin batteries
                                                                                                                                                   which can cause horrific injuries to children if
                                                                                                                                                   swallowed, 10 gave access to internal parts which
                                                                                                                                                   could give an electric shock.
        https://www.btha.co.uk/wp-content/uploads/2021/09/Dont-toy-with-childrens-safety-Online-Marketplaces-Report-2020.pdf
    1                                                                                                                                           2
                                                                                                                                                       https://www.electricalsafetyfirst.org.uk/media/wvwdtpjo/online-marketplaces-the-evidence-and-impact.pdf)
        https://www.btha.co.uk/wp-content/uploads/2021/09/Dont-toy-with-childrens-safety-Online-Marketplaces-Report-2019.pdf
4                                                                                                                                                                                                                                                          5

                                                                                                                                  The Methodology                                            Note 1: Warnings – in some cases warnings are
                                                                                                                                                                                             missing and this has not resulted in a failed test
                                                                                                                                  255 products were selected at random and purchased
                                                                                                                                  by a non-toy trade purchaser. Any type of toy could be     report. Our laboratory has confirmed “In
                                                                                                                                                                                                                               regards
                                                                                                                                  selected, and the only guide was to get a wide range of    to the attached report and also the
                                                                                                                                  types of toy. Counterfeit lines were not actively sought   question relating to specific warnings
                                                                                                                                  out and the brief to the purchaser asked them to search
                                                                                                                                                                                             / labels, if the issue found is solely in
                                                                                                                                  for more “generic”, or unbranded types of toys. Third
                                                                                                                                  Party sellers were targeted in particular. On delivery
                                                                                                                                                                                             regards to packaging / warning labels it
                                                                                                                                  toys were analysed based on the pack labelling. Toys       has always been our policy to still pass
                                                                                                                                                                                             the toy if the toy itself passes all the
    THE RESULTS                                                                                                                   displaying appropriate warnings, CE mark, item codes
                                                                                                                                  and EU addresses were determined as “compliant” and
                                                                                                                                  in most cases no further assessment was conducted.
                                                                                                                                                                                             physical safety checks and to call out the
                                                                                                                                                                                             issues regarding missing or incomplete
                                                                                                                                  However for this project some seemingly compliant toys
    The latest BTHA study, of third party sellers via online marketplaces, has found:                                             were sent for further testing.                             warnings so the client can rectify prior
                                                                                                                                                                                             to the goods being sold. It would be
                                                                                                                                  Toys without the legally required labelling were
                                                                                                                                                                                             the same approach should a client only
                                                                                                                                  determined as “illegal” and were assessed to establish
                                                                                                                                  what testing would be conducted. Due to having just        submit a physical toy ‘development’
                                                                                                                                  one sample, tests were limited to one or two key checks    sample without finalised packaging, the
            88%                                         48%                                      69%                              and do not reflect a full compliance check. Testing was
                                                                                                                                  conducted by Bureau Veritas, an independent third-
                                                                                                                                                                                             toy itself could pass but the report would
                                                                                                                                                                                             carry appropriate comments showing the
                                                                                                                                  party test laboratory. Having completed our initial
                                                                                                                                  assessment, the results were verified by a panel made
                                                                                                                                                                                             labelling hadn’t been assessed.”
                                                                                                                                  up of Trading Standards, laboratory representatives,       However, this means that a serious age warning or
                                                                                                                                  non-member retailers, BTHA members and the BTHA’s          identification of a hazard that is missing has not resulted
         of toys tested were                         of toys tested were                  of recalled toys that have
                                                                                                                                  Toy Safety Advisor team.                                   in a fail report. Given that the toy was made available
      illegal to sell in the UK                      unsafe for a child to              seemingly identical listings still
                                                                                                                                                                                             for sale in its non-compliant state, it is clear that no
                                                          play with                       for sale (see appendix 3).              Products were categorised as “Illegal”                     rectification of this omission has been carried out by the
                                                                                                                                  or “Unsafe” in the final report.                           manufacturer. We would argue this is a serious issue
    The resultant injuries that could have been caused by the unsafe and non-compliant toys identified ranged from                Illegal toys usually had technical non-compliances such    that raises safety concerns for the children exposed to
    choking and strangulation, damage to sight or hearing, burns, chemical poisoning and electric shocks, through to              as missing conformity markings and therefore did           those toys as a result, and have included the toy in the
    injuries that would need surgical intervention to remove coin cell batteries from a child’s throat or high-powered            not comply with legal information requirements – this      unsafe list.
    magnets from a child’s colon. A full list of the 255 products can be found in Appendix 1 and the top reasons for non-         includes missing CE marks (note that missing UKCA
    conformance are listed in Appendix 1.                                                                                         marks have been ignored in this project even where         Note 2: Incorrect age determination – in some cases
                                                                                                                                  mentioned in reports, due to Brexit transition period      the laboratory has decided that despite the lack of a 3+
    Full results for the 255 toys tested in 2021;                                                                                                                                            warning the toy should be tested to 'over three years'.
                                                                                                                                  requirements). The conformity markings include missing
                                                                                                                                  traceability addresses which can be seen as minor but      This is without the laboratory having knowledge that
    2021 - 255 Toys               Assessment Results                Independent lab     Total                                                                                                a baby is used in the marketing of the toy. Where our
                                                                                                                                  do prevent effective enforcement, tracing companies and
    Results                                                         testing                                                                                                                  verification panel disagree with this and feel there is a
                                                                                                                                  effective recall.
                                                                                                                                                                                             serious omission, this has been highlighted and the toy
    Platform        Sample        Illegal   Unsafe     Total        Tested    Failed    % Unsafe      % Non-        Possible
                                                                                                                                  Unsafe toys included those that were (in most cases)       has been classified as unsafe.
                    size                               Non-                   Test                    compliant     Counterfeit
                                                                                                                                  illegal and failed a test report plus those that stated
                                                       compliant
                                                                                                                                  warnings were missing in the report (see note 1),
    Amazon      77                24        41         65           60        41        53%           84%           0             and those where the laboratory had tested the toy for
    Marketplace                                                                                                                   'ages over three years' incorrectly (see note 2). To be
    eBay            80            23        39         62           57        39        48%           78%           0             clear toys determined to be unsafe in this report failed
                                                                                                                                  independent testing against current UK toy safety
    AliExpress      80            46        34         80           56        34        43%           100%          0             regulations.

    Wish            18            10        8          18           11        8         44%           100%          0

    Total           255           103       122        225          184       122       48%           88%           0
6                                                                                                                                                                                                                                                            7

    IS THIS A                                                                                                                   LACK OF ACTION
    NEW ISSUE?                                                                                                                  The BTHA published its first report in June 2019, after        years been harmonised with those of other countries in
                                                                                                                                work in 2018, and followed this with a second report           Europe by reason of the UK’s membership of the European
    No. We have shown over successive reports spanning three years and more than 500 toys that this is an ongoing               in October 2020 to raise this issue with consumers,            Union. However, following the UK’s withdrawal from
    problem that has not improved by the online marketplaces acting voluntarily, and will not be fixed without Government       regulators and platforms but has been disappointed by the      the European Union, and the end of the Brexit transition
    invervention.                                                                                                               level of response.                                             period, the Government now has more flexibility and
                                                                                                                                                                                               opportunities to reform the UK’s product safety legislative
    Branded toys, and those bought directly from platforms acting as a retailer, were found to be compliant when tested         While some platforms removed some of the identified
                                                                                                                                                                                               framework, and has started to create the space to
    in 2018. However, unbranded toys bought from third-party sellers via the online marketplaces were much more                 products the BTHA reported, these (or identical products)
                                                                                                                                                                                               investigate and act on this in 2021. This reflects the fact
    problematic and since 2018 the BTHA has accordingly focussed its testing on third-party seller toys. Of the selection       are often relisted, by the original seller or by others.
                                                                                                                                                                                               that the UK can now establish and control its framework
    of toys purchased from third-party sellers, i.e. all the independent sellers on an online marketplace platform, we found:   Seemingly identical items to the illegal and unsafe ones
                                                                                                                                                                                               for identifying and regulating economic operators, and has
                                                                                                                                identified are still on sale across all platforms and little
    Individual Project Totals                                                                                                   proactive work has apparently been done to prevent
                                                                                                                                                                                               the opportunity to lead the way globally on legislating to
                                                                                                                                                                                               take into account the role played by online marketplace
    Project            Sample      Illegal   Unsafe     Total        Tested       Failed   % Unsafe   % Non-      Possible      this relisting by the online marketplaces themselves.
                                                                                                                                                                                               platforms in modern commerce, as well as the products
                       size                             Non-                      Test                compliant   Counterfeit   The volume of unsafe toys is so overwhelming that the
                                                                                                                                                                                               they give a shop window to. It is imperative that the UK
                                                        compliant                                                               platforms seem unable to remove them even on a reactive
                                                                                                                                                                                               uses the powers repatriated to it following its withdrawal
                                                                                                                                basis (see appendix 3 for a list of lines that have been
    Project No.1       150         70        45         115          34           23       30%        77%         13                                                                           from the European Union, and leads world governance on
                                                                                                                                recalled on the EU Safety Gate as a result of the BTHA
                                                                                                                                                                                               this issue by taking action given how important this sales
    Project No.2       100         25        60         85           72           53       60%        85%         3             projects but where seemingly identical items are still on
                                                                                                                                                                                               channel is to consumers, and its growing prominence as
                                                                                                                                sale) and so something else needs to change to ensure
    Project No.3       255         103       122        226          184          122      48%        88%         0                                                                            shopping habits shift more online – in order to futureproof
                                                                                                                                these products do not make their way to market in the
                                                                                                                                                                                               the safety of the products sold to UK consumers.
    Total              505         198       227        425          290          198      45%        84%         16            first place. The BTHA believes there should be more
                                                                                                                                pre-vetting, by the platforms, of both third-party sellers     The BTHA is calling on government to
    More detailed figures are available for each project on request.
                                                                                                                                and their products, prior to them being placed for sale on     take action now before a child dies.
                                                                                                                                online platforms.
    The results vary over the three years of testing but overall continue to show levels of non-complianece that should be      Since the BTHA first started reporting issues, 60 toys have    Why is this happening?
    unacceptable given that this concerns the safety of toys put in the hands of children. Overall 84% of the toys sampled      been recalled via the EU and UK safety alert systems but       •	Online marketplaces are not currently recognised as
    at random have been determined to be illegal as they do not meet the safety and information requirements set out in         the BTHA purchaser has only received 19 notifications.            economic operators in the UK regulatory framework,
    UK legislation, and 45% have safety issues that could make them dangerous to play with by children.                         The lack of notifications and contravenes the UK PAS              even when products are purchased and transactions
                                                                                                                                7100 Code of practice on consumer product safety related          completed via their platforms and fulfilment channels
    Still on sale                                                                                                               recalls and other corrective actions, which details the        •	As a result, there is currently no legal requirement
                                                                                                                                actions that are considered reasonable for companies to           for online marketplaces to check the safety of the
    59 toys have been recalled via the EU Safety Gate (RAPEX) from previous BTHA reports in 2019 and 2020.
                                                                                                                                take in the event of a recall. These actions are simply not       products that other sellers are listing on their sites
    Those recalled lines were checked on each individual platform to identify seemingly identical lines that were still on
                                                                                                                                being undertaken effectively enough by the platforms. See
    sale. Lines that used exactly the same photographs and packaging were termed to be “seemingly identical” to the                                                                            •	Trading Standards Officers in the UK work hard to
                                                                                                                                the Crocodile Story in Appendix 4.
    recalled lines. The BTHA accepts that these products could be a different model entirely or the manufacturer could of                                                                         protect consumers but many third-party sellers are
    updated their product and made it compliant since the initial notification was issued.                                      Despite the knowledge that illegal and unsafe toys are            from overseas, outside UK enforcement boundaries
                                                                                                                                being placed in the UK market via online marketplaces,         •	UK consumers find it difficult to distinguish between
    Similar looking lines were not accepted into the list. For the list of products see Appendix 3.
                                                                                                                                the lack of an adequate legal framework to prevent those          products offered by the online marketplaces direct
    As of 23.09.21                                                                                                              unsafe toys being sold in the UK, and that unsafe toys are        and those marketed and sold by third-party vendors,
                                                                                                                                not being effectively removed from sale or recalled, there        or to identify who the trusted sellers are in any event
    24 Amazon Marketplace recalled lines           12 can still be seen on sale            50%
                                                                                                                                has been little activity at governmental level to address      •	UK consumers find it difficult and expensive to take
    14 AliExpress recalled lines                   13 can still be seen on sale            93%                                  the issue or to make the legislative change necessary             legal action against overseas sellers – if they can be
    21 eBay recalled lines                         16 can still be seen on sale            76%                                  to hold these platforms to account for the products               traced at all – if there is an accident
                                                                                                                                they allow to be sold and make money from. The BTHA
    59 toys recalled                               41 seemingly identical on sale          69%
                                                                                                                                acknowledges that, to some extent, the UK’s framework
                                                                                                                                for regulating economic operators has for a number of
    As of 23.09.21
    39 toys have been added to the UK Product Safety Database and recalled so far from the 225 illegal toys identified.
    We expect significantly more over coming weeks.
8                                                                                                                                                                                                                                                                                    9

    When you buy a product from a retailer in the UK               If a safety issue does occur after a product has come to        online marketplaces take some accountability for the                            Buyers can be left without the same level of consumer
    they have responsibilities, defined in the Toys (Safety)       market, Trading Standards officers are able to monitor          products sold through their platforms by third-party                            protection they should be entitled to and may believe
    Regulations 2011 (the “Regulations”), to check (at the         and find unsafe items, and work with the retailer to            sellers.                                                                        they have when they shop on online marketplace
    very least) that the manufacturer has made a safe toy or       remove them from sale. In cases where there is a danger                                                                                         platforms, and that they do have with other UK retailers.
                                                                                                                                   When third-party vendors sell to the consumer, they are
    labelled it correctly, and to act should the product later     they can also initiate a recall so consumers know they are                                                                                      There may be no way of returning faulty, dangerous or
                                                                                                                                   responsible for the safety of the products. Third-party
    be found to have a safety issue. Where the manufacturer        unsafe and can return them. But many third-party sellers                                                                                        counterfeit goods or of seeking compensation from the
                                                                                                                                   vendors can be any individual or company wishing to
    is not based in the UK they must add their address             are based overseas, outside the jurisdiction of UK Trading                                                                                      seller in the case of an injury.
                                                                                                                                   sell products via the online marketplace platform. Some
    details and take on the role of an importer under the          Standards, and therefore unenforceable under UK law.
    Regulations, which has more detailed obligations. But          It is too late for effective action to be taken only after
                                                                                                                                   third-party vendors act responsibly and are trusted                             Voluntary pledge
                                                                                                                                   brands. However, others are not and it can be difficult for                     One solution that is being discussed is for platforms
    online marketplace platforms are not classed as being          the illegal and unsafe toys find their way into children’s
                                                                                                                                   consumers to know the difference and make informed                              to voluntarily sign a pledge promising certain actions.
    either retailers or importers in the UK’s current economic     hands and are identified.
                                                                                                                                   choices about the risks. In some cases the sellers'                             However, the BTHA would like to see government going
    operator model – simply the platform through which a
                                                                   Currently, online marketplaces that allow third-parties         address and contact details are not clearly identified                          further, and legislating, for a number of reasons;
    sale is made. This is despite the customer data often
                                                                   to sell products through their platforms have limited           on the platform website / seller profile. In this scenario
    being retained by the online marketplace, products
                                                                   insight into, or incentive to monitor, the quality and safety   the online marketplaces generally do not accept that                            1. Only the platforms that sign the pledge are included.
    marketed by the platforms' optimisation software,
                                                                   of those products because of the current lack of legal          they have any legal obligation to check the safety of                               That means others that do not sign are making no
    and transactions often being completed through the
                                                                   accountability. Consequently, there are no systematic           the items being sold by third-party sellers as they do                              commitment to trying to achieve ethical behaviour and
    platforms' fulfilment channels. Instead it is the individual
                                                                   changes being made proactively, by Government or                not consider they are any of the ‘economic operators’                               the law is still not in place to deal with those platforms,
    third-party seller on the platform that has the retailer
                                                                   online marketplaces, to ensure unsafe products do not           who have various duties to ensure compliance under                                  or for restricting access to market for the products sold
    responsibilities, but that could be the same person
                                                                   make it into the hands of children. Instead it is left to the   the Regulations. Accordingly, online marketplaces are                               via those platforms.
    that made the product. In many cases no checks are
                                                                   platforms to voluntarily make changes – if they choose          hosting the sale of toys that do not comply with UK
    being made whatsoever before the consumer receives                                                                                                                                                             2. Four large platforms have been signaroties to a
                                                                   to do so (see appendix 6 for proactive checks made by           safety standards, and making them available for sale in
    the product, and in the case of toys, put in the hands                                                                                                                                                             European Safety pledge since June 2018 – almost the
                                                                   online platforms). The BTHA is urging the government            the UK, which in the absence of the online marketplaces
    of a young child (for more detail on the difference in                                                                                                                                                             same time we have been testing toys. The voluntary
                                                                   to take action to protect children from the threat of           may not have a route to market in the UK at all.
    responsibilities for traditional verses new models of                                                                                                                                                              pledge has not stopped us finding unsafe toys on
                                                                   physical harm by taking steps to prevent the sale of
    supply see appendix 5) .                                                                                                       This situation is exacerbated by the online platforms not                           those platforms’ sites. If the pledge worked we would
                                                                   unsafe toys on online platforms, and by making the
                                                                                                                                   policing their own sites well enough and not having legal                           not be finding unacceptable levels of non-compliance
                                                                                                                                   accountability for failing to do so, or for the unsafe and                          and safety concerns.
                                                                                                                                   counterfeit products for sale on their platform. We note,
                                                                                                                                                                                                                   3. The voluntary code does not commit to any pre-vetting
                                                                                                                                   for example, in its 2018 (page 22) annual report filed in
                                                                                                                                                                                                                       of products or checks that other traditional retailers
                                                                                                                                   the US, Amazon acknowledged they may be
                                                                                                                                                                                                                       and importers have to undergo. It has no commitment
                                                                                                                                   “unable to prevent sellers in our stores                                            for platforms to police their own sites.
                                                                                                                                   or through other stores from selling
                                                                                                                                                                                                                   Online marketplaces are aware of the problems. They are
                                                                                                                                   unlawful, counterfeit, pirated, or stolen
                                                                                                                                                                                                                   some of the most highly sophisticated and automated
                                                                                                                                   goods…”3.                                                                       companies in the world, but unfortunately voluntary
                                                                                                                                   In addition, Trading Standards Officers are responsible                         agreements, such as the European Safety Pledge and
                                                                                                                                   for enforcing product safety in the UK and work diligently                      in-house solutions have not solved an ongoing problem.
                                                                                                                                   to do that. However, they can only enforce against                              As the responsible toy sector, we are calling on the
                                                                                                                                   regulations and against companies in the UK. The                                government to take steps now to ensure a child is not
                                                                                                                                   lack of regulation governing online platforms means                             seriously hurt or killed by an unsafe toy (see appendix 7
                                                                                                                                   Trading Standards officers cannot take action against                           for known incidents).
                                                                                                                                   the platforms; and often the third-party seller, that is
                                                                                                                                                                                                                   Government legislative solutions
                                                                                                                                   regulated, is based overseas, so outside the jurisdiction of
                                                                                                                                   Trading Standards. In this common scenario there is no                          The BTHA believes that online marketplaces should
                                                                                                                                   one in the UK to take action against.                                           have a duty of care to their customers to ensure that
                                                                                                                                                                                                                   toys that are available to purchase via their platforms are

                                                                                                                                   https://s2.q4cdn.com/299287126/files/doc_financials/annual/2018-Annual-Report.pdf
                                                                                                                                   3
10                                                                                                                                                                                                                                                                                 11

     legal and safe, but that the existing legal framework does                     Under section 75 of the Consumer Credit Act 1974, a               introduce a minimum compensatory payment for                   fact-finding in respect of toys offered for sale on their
     not accurately reflect the role they play in non-compliant                     credit card provider will be jointly and severally liable         breach irrespective of consumers’ ability to prove loss,       platforms as is appropriate in light of reports of breaches
     and unsafe products being brought to market. The                               to consumers for misrepresentation and/or breach of               and/or provide for third-party enforcement (e.g. by a          made to the OPSS. This is particularly important given
     BTHA accordingly considers that legislation should be                          contract in respect of qualifying transactions for the            specified regulatory body) which may be exercised in           the current situation disincentivises platforms from
     introduced to provide consumers with routes of redress                         purchase of goods using a credit card, along with the             circumstances where low value losses are suffered but          conducting their own sampling and testing, as they
     that are clearly defined, and actionable in practice, in the                   supplier of the goods. It is envisaged that legislation may       by a large quantity of consumers.                              need to be unaware of issues to remain a passive entity
     event that harm is suffered as a result of illegal and/or                      strengthen consumers’ rights by establishing a similar                                                                           to have safe harbour provisions under the Euporean
                                                                                                                                                      The BTHA considers that the above approaches
     unsafe toys purchased via an online marketplace.                               ‘like claim’ against online marketplaces such that they                                                                          Ecommerce directive. Should that provision be removed
                                                                                                                                                      represent a reasonable balance between the protection
                                                                                    are fixed with joint and several liability (along with third-                                                                    under UK legislation, now that the UK has withdrawn
     In the BTHA’s view, the most straightforward way to                                                                                              of consumers from harm suffered as a result of non-
                                                                                    party sellers) for products purchased via their platforms.                                                                       from the European Union and the transition period has
     improve accountability for the products purchased on                                                                                             compliant and/or unsafe toys, and the avoidance of
                                                                                    Consumers would therefore be able to pursue claims                                                                               come to an end, the OPSS could require more active
     platforms would be to strengthen consumers’ rights to                                                                                            unjustified interference with the platform services
                                                                                    in contract against online marketplace platforms to                                                                              monitoring by the platforms.
     bring private law actions against the online marketplaces                                                                                        offered by online marketplaces. It is noted in this regard
                                                                                    recover damages, including for any non-pecuniary losses
     that toys have been purchased from, and place the                                                                                                that by imposing liability on the online marketplaces,         Further, should legislation be introduced to impose
                                                                                    suffered as a direct result of the illegal and/or unsafe toy
     burden on pursuing enforcement actions against third-                                                                                            the measures set out above would require them to do            joint and several liability on online marketplaces for
                                                                                    sold to them.
     party sellers on the online marketplaces (i.e. rather than                                                                                       no more than is currently expected of consumers to             goods sold via their platforms (as proposed above),
     on consumers). Given the slow speed with which the                             Neither of the above options would transfer sole liability        enforce their rights against third-party sellers. The online   the BTHA considers that it would be appropriate for
     online marketplaces have been willing to act to remove                         for harms caused by defective or unsafe products to               marketplaces are however significantly better placed           the OPSS to be empowered to take representative
     unsafe products, and the limitations in the voluntary                          the online marketplaces as they may seek to join the              than consumers to take such action to enforce their            enforcement action against the online marketplaces
     remedial schemes they have established, it is considered                       third-party seller as a defendant in any proceedings              rights given the resources available to them, and their        on behalf of classes of consumers who have suffered
     that legislation will be required to effect meaningful                         and/or bring a contribution claim against the third-party         pre-existing commercial arrangements with the third-           harm or losses in consequence of defective and/or
     changes in practice. This may be achieved in at least two                      seller, for example under the Civil Liability (Contribution)      party sellers. It is fair to shift the enforcement burden      unsafe toys purchased via a platform, similar to the
     different ways:                                                                Act 1978. Additionally, any legislation in this area              on to the online marketplaces in light of the use of their     redress mechanisms provided in ‘opt-out’ collective
                                                                                    may include provision similar to section 75(2) of the             platforms being indispensable for the third-party sellers      actions for infringement of competition law. Such
     1. Implying through statute appropriate terms into
                                                                                    Consumer Credit Act 1974 which provides that the                  to bring the defective and/or unsafe products to the UK        powers for the OPSS will be essential to ensure that
         the contracts/terms of use entered into between
                                                                                    supplier of goods shall indemnify the credit card provider        market and the revenue they generate from those sales.         online marketplaces’ liability to consumers is enforced
         consumers and online marketplaces for the use of their
                                                                                    for any liability it suffers as a result of the statutory ‘like                                                                  in circumstances where the losses suffered by
         platforms, similar to the statutory terms as to quality                                                                                      The BTHA also anticipates that shifting the enforcement
                                                                                    claim’. Such provision would ensure that the online                                                                              individual consumers are relatively low, and therefore
         and fitness for purpose implied into contracts between                                                                                       burden on to the online marketplaces in this way will
                                                                                    markeplaces would have, and be able to enforce, claims                                                                           uneconomical to pursue, but the volume of potential
         consumers and traders by the Consumer Rights Act                                                                                             promote better regulatory practices within the market
                                                                                    against the third-party entities selling toys on their                                                                           claims is significant.
         2015; and/or                                                                                                                                 by strongly incentivising the online marketplaces to
                                                                                    platform for any sums they are required to pay as a result
     2. Establishing a statutory ‘like claim’ for consumers                        of joint and several liability being imposed.
                                                                                                                                                      proactively vet the third-party sellers that are permitted     International concerns
                                                                                                                                                      to supply goods via their platforms, and to more carefully     The BTHA would also urge the government to
         against online marketplaces as they have against
                                                                                    The effect of enhancing consumers’ rights to bring                monitor the products that are offered for sale on their        ensure that all trade agrements uphold UK consumer
         the third-party seller of toys sold via the platform
                                                                                    private law actions against the online marketplaces for           platforms (and promptly withdraw products which are            protections. That includes ensuring new conditions
         provided by the online marketplace, similar to the
                                                                                    toys purchased via their platforms would be:                      shown to be defective and/or unsafe), ideally before the       are not established in trade agreements which would
         liability of credit card providers under section 75 of the
                                                                                                                                                      point of sale.                                                 give safe harbour provisions for online platforms
         Consumer Credit Act 1974.                                                  1. Consumers would be able to seek refunds and/or claim
                                                                                                                                                                                                                     and ensuring the UK is able to update and uphold
     It is envisaged that terms to be implied into contracts
                                                                                        damages against an identifiable and contactable party         Regulatory action
                                                                                        that is economically active in the UK; and                                                                                   its soverign right to establish legislation in line with
     between consumers and the online marketplaces, which                                                                                             In addition to liability for harm suffered as a result of
                                                                                                                                                                                                                     changing routes of supply to protect consumers.
     would not be able to be excluded4, ought to take the                           2. The responsibility, and associated risk, for pursuing the     non-compliant and/or unsafe toys purchased by online
     form of statutory warranties that products purchased                               liability of third-party sellers operating outside the UK     marketplace platforms, the BTHA also considers there
     via the platform are of satisfactory quality and are fit for                       and/or the EU will shift to the online marketplace on         is scope for the powers of the Office for Product Safety
     purpose. This would provide consumers with a direct                                which the toys are marketed for sale.                         & Standards (OPSS) to be widened. This may include
     course of action against the online marketplace in the                                                                                           powers to issue legally binding, but specific obligations
                                                                                    Other mechanisms which may be considered in                       to online marketplaces to engage in such monitoring or
     event that toys purchased are defective and/or unsafe,
                                                                                    legislation to further strengthen consumer protections
     in the same way that section 19 of the Consumer Rights
                                                                                    include imposing a contractual duty on online
     Act 2015 entitles consumers to reject goods, seek a
                                                                                    marketplaces to ensure that products sold via their
     refund, and/or bring a claim for damages against traders.
                                                                                    platforms meet all applicable regulatory requirements,

     https://ir.aboutamazon.com/static-files/0f9e36b1-7e1e-4b52-be17-145dc9d8b5ec
     4
12                                                                                                                                                                                                                                                      13

     THE BENEFIT OF                                                                                                            ABOUT
     REGULATORY CHANGE                                                                                                         THE BTHA
     • Tackling the risk of serious physical harm (or fatality) to    Action                                                   • Founded in 1944, the British Toy & Hobby Association       • Members of the BTHA have access to a safety
       children (and their parents) posed by the prevalence of                                                                   (BTHA) is the official organisation representing toy         service to help them comply with the extensive
                                                                      The BTHA has tips to help keep consumers safe
       unsafe, non-compliant toys online;                                                                                        manufacturers. The BTHA’s members range from                 safety regulations that ensure toys are safe to play
                                                                      until the law changes - go to page 79.
                                                                                                                                 large international toy firms to small family-run            with. That safety service is run by a number of toy
     • Alleviating the competitive disadvantage faced by British
                                                                      The problem is compounded as consumers are                 businesses.                                                  safety professionals with many years of experience
       toy firms which manufacture and sell toys in compliance
                                                                      often not aware who they are in fact purchasing                                                                         of toy compliance between them with specialist
       with existing regulatory standards;                                                                                     • Membership of the British Toy & Hobby Association
                                                                      products from, or of the safety risks they are                                                                          knowledge across the industry including areas such
                                                                      taking when buying products from third-party               shows the member’s commitment to adhere to the
     • Returning approx. £400 million of toy sales revenue to                                                                                                                                 as mechanical, physical, toxicological and internet
                                                                      vendors via the use of online marketplaces. Action         BTHA Code of Practice under the umbrella of the Lion
       the economy, currently lost to counterfeit sales each                                                                                                                                  connectivity. In addition, the BTHA works with
                                                                      is also required to educate consumers of the               Mark which includes rules covering ethical and safe
       year;                                                                                                                                                                                  specialists from outside the BTHA on behalf of
                                                                      risks of buying from third-party sellers on online         manufacture of toys, toy safety, a ban on counterfeit
                                                                                                                                                                                              members, particularly with testing laboritories when
     • Returning significantly more revenue each year by              marketplaces such as Amazon, Aliexpress, eBay,             goods, an assurance to market responsibly, a
                                                                                                                                                                                              needing to verify test results.
       removing illegal and unsafe toys from the market (our          and Wish.com among the many other online                   commitment to improving sustainability and a desire
       estimate is that this could be worth up to £850 million to     marketplaces that provide a platform for the sale of       to promote the value of all play through support of the    • The BTHA also administers the Toy Trust - the
       the UK economy if the illegal traders are removed);            third-party products.                                      Make Time 2 Play campaign.                                   industry’s charity – and runs the Toy Fair, the largest
                                                                                                                                                                                              dedicated toy trade event in the UK.
     • Removing non-compliant and unsustainable toy waste             We have tips for consumers to use when they are
       from the supply chain and the waste stream;                    buying from a marketplace and the BTHA is calling
     • Enhancing Britain’s reputation for high safety standards;      on politicians, media outlets and consumers to
                                                                      come together to raise awareness of the concern
     • Highlighting the UK government as a world leader,              we have collectively for the safety of children in the
       taking action on an issue which is a problem across the
       globe;
                                                                      UK. We do not believe parents in the UK should be
                                                                      responsible for understanding complex toy safety
                                                                                                                               ABOUT THE
     • Using new sovereign powers by demonstrating and
       exercising the regulatory freedom and control available
                                                                      regulation. They should be able to buy from any
                                                                      entity in the UK, safe in the knowledge that their       TOY INDUSTRY
                                                                      children can enjoy safe play.
       to the UK, in a way which increases the protections                                                                     FIGURES FROM NPD
       available to its citizens, now that it has left the European
       Union;                                                                                                                  • The UK is currently the largest toy market in
                                                                                                                                 Europe, and fourth largest toy market worldwide,
     • Cutting down on waste - reputable toy companies make
       toys that are designed to last and to bring years of play
                                                                                                                                 behind the United States, China and Japan.

                                                                                                                               • There were more than 32,000 new toys launched
                                                                                                                                                                                                  80%                             37%
       and development to a child – they are far from single
       use. At a time when we are all aware of environmental                                                                     by reputable companies in 2019, that’s 27% of the
       concerns the sale of cheap toys that break easily should                                                                  toys sold in the UK, totaling £863 million of total
       be removed from the UK marketplace; and                                                                                   sales.
                                                                                                                                                                                           The legitimate toy industry       Online sales of toys are
     • Ensuring companies that trade in the UK pay the                                                                         • Direct operations of the toy and hobby sector              is worth £3.2 billion, with   increasing year on year and
       proportionate level of corporation tax in order to make                                                                   make a direct contribution to UK GDP of £1.4                 around 80% of the toy        accounted for 37% of total
       a fundamental contribution to the fabric of UK society.                                                                   billion and an indirect contribution of £2.7 billion.        industry falling into the        toy sales last year.
       Without intervention UK companies will be unable to                                                                                                                                     small to medium sized
       compete and will not exist into the future and the only                                                                                                                                        category.
       option for consumers will be unregulated, unsafe toys.
14                                                                                                                                                                                                                                                              15

     APPENDIX 1: LIST OF TOYS                                                                                                      No   Toy Title as seen Non-Compliance &
                                                                                                                                        on Amazon         Verification Panel Comments
                                                                                                                                                                                      Test Results                         Toy Photo as seen
                                                                                                                                                                                                                           on Amazon
                                                                                                                                                                                                                                               Classification

     BY PLATFORM                                                                                                                   4    Toys for 3 year old
                                                                                                                                        girls boys buidling
                                                                                                                                        blocks Baby Flower
                                                                                                                                                                 No EU address
                                                                                                                                                                 Missing Conformity Markings
                                                                                                                                                                                               BV Test Report:
                                                                                                                                                                                               (5421)040-0034A

                                                                                                                                                                 Failed test report EN71-1     12/2/21
     The following results came from products purchased between 16/12/2020 and 15/03/2021 and                                           Garden Building Toy
                                                                                                                                                                                               EN71-1: FAIL
     tested between late February 2021 and early May 2021.                                                                              Floral Arrangement
                                                                                                                                        Playset 98 pcs                                         4. General requirements
                                                                                                                                                                                                                                                   Unsafe
                                                                                                                                                                                               4.9 Protruding parts /
     AMAZON MARKETPLACE RESULTS                                                                                                                                                                puncture hazard
                                                                                                                                                                                               EN71-1: noted labelling
     No    Toy Title as seen Non-Compliance &            Test Results                         Toy Photo as seen   Classification                                                               to be modified - UK
                                                                                                                                                                                               address / UKCA mark
           on Amazon         Verification Panel Comments                                      on Amazon
                                                                                                                                   5    HERSITY Kids Pet         Compliant                     BV Test Report:
     1     ATOPDREAM Toys           No address                        BV test report:                                                   Care Playset Dog         Failed test report EN71-1     (5421)040-0029A
           for 2 3 4 5 6 year old   No warning                        (5421)040-0007A                                                   grooming toy with                                      15/2/21
           boys, Dinosaur Toys                                        24/2/21                                                           Carry Case Costume
                                    No small parts within the toy                                                                                                                              EN71-1: FAIL
           Gifts for 2-6 Year Old                                                                                                       Dress up Role play
                                    Missing Conformity Markings       EN71-1: FAIL                                                                                                             5.1 General
           Boys Girls Toy Cars                                                                                                          set gifts for children
                                                                      6 packaging flexible                                                                                                     requirements -                                      Unsafe
           Boys Toys Age 2-8        Failed test report EN71-1
           Toy Dinosaurs Toys                                         plastics                                        Unsafe                                                                   generated small parts
           for Boys Kid                                               EN71-1: noted missing                                                                                                    EN71-1: noted missing
                                                                      labelling                                                                                                                labelling
                                                                      BV test report:                                                                                                          no UK address or UKCA
                                                                      (5421)040-0007A                                                                                                          mark
                                                                      EN71-3: PASS                                                 6    Musical Caterpillar      No EU address                 BV Test Report:
     2     CubicFun Cars track      No EU address                     Not tested                                                        Toy, LIGHTDESIRE         Missing Conformity Markings   (5421)040-0038A
           Kids Toys for 4 year                                                                                                         (Newest)Rattle                                         15/2/21
                                    Missing Conformity Markings                                                                                                  Warnings - missing washing
           old boy girls, car                                                                                                           with ring Bell for
                                                                                                                                                                 instructions                  EN71-1: PASS
           adventure Toys for 3                                                                                                         Preschool Baby
                                                                                                                                                                                               EN71-1: noted missing                               Illegal
           year old intelligence                                                                                      Illegal                                                                  labelling
           Educational autism
           toys for 5 6 year old                                                                                                                                                               EU address, UKCA
           girls                                                                                                                                                                               mark, washing/cleaning
                                                                                                                                                                                               instructions, type, batch
                                                                                                                                                                                               number
     3     wgde toy cute            No labelling except for CE mark   BV Test Report:                                              7    Baby Bath Toys-          No address                    BV Test Report:
           Octopus Baby toys 0      Missing Conformity Markings       (5421)040-0013A                                                   Wind up Turtle                                         (5421)040-0042A
                                                                                                                                                                 No label - CE mark on toy
           3 6 9 12 18 months,                                        15/2/21                                                           Bathtub Toys,Toy for
                                    Warnings - missing washing                                                                                                   Missing Conformity Markings   12/2/21
           double-sided flip soft                                                                                                       babies 6-12 months
                                    instructions                      EN71-1: PASS                                                                                                             EN71-1: FAIL
           reversible Octopus                                                                                                           Floating Swimming        Failed test report EN71-1
           Plus stuffed Animals                                       EN71-1: noted missing                                                                                                    4.10.2 Driving
                                                                                                                                        Turtles for Boys
           doll, Creative toys                                        labelling                                                                                                                mechanisms
                                                                                                                                        Girls,Baby Shower
           gifts for 0-3                                              address, UKCA mark,                                               Bathtime Fun Pool                                      5. General requirements
                                                                                                                      Illegal                                                                                                                      Unsafe
                                                                      washing/cleaning                                                  Toys for Toddlers,Gift                                 - small parts generated
                                                                      instructions                                                      for 1 2 3 4 Year Old                                   6. Packaging flexible
                                                                                                                                        Boys Girls                                             plastics
                                                                      BV Test Report:                                                                                                          EN71-1: noted missing
                                                                      (5421)040-0013B                                                                                                          labelling
                                                                      15/2/21                                                                                                                  address, batch/model
                                                                      AZO Dyes: PASS                                                                                                           number, UKCA mark
16                                                                                                                                                                                                                                                                       17

     No   Toy Title as seen Non-Compliance &            Test Results                             Toy Photo as seen   Classification   No   Toy Title as seen Non-Compliance &            Test Results                               Toy Photo as seen   Classification
          on Amazon         Verification Panel Comments                                          on Amazon                                 on Amazon         Verification Panel Comments                                            on Amazon

     8    WEARXI Baby Bath       No address - although possible scan   BV Test Report:                                                13   Icnow 85 Pack           No address                             BV Test Report:
          Toys Fun Bathtub       code could show this.                 (5421)040-0039A                                                     Balance Math Game       Toy is labelled 18m + but also has     (5421)040-0031A
          Shooting Game          CE mark is covered by sticker         12/2/21                                                             Early Education Toy     0-3 sign and warning.                  12/2/21
          for Kids, Toddler                                                                                                                Frog Balance Scale
                                 3+ marked but back photos show        EN71-1: FAIL                                                                                Small parts within the toy             EN71-1: FAIL
          Basketball Hoop                                                                                                                  Mathematical Digital
                                 baby seemingly under 3yrs             5. General requirements                                                                                                            6. packaging plastic                              Unsafe
          Gift Set, Bath Toys                                                                                                              Addition Teaching
          for Boys and Girls                                           - small parts generated                                             Tool for Kids Family    Missing Conformity Markings            sheeting
          1-4 Years Old Boys     Missing Conformity Markings           5.4 cords and chains                                                Table Gama to Learn     Warnings - Inaccurate 3+ and small     EN71-1: noted missing
                                                                                                                         Unsafe
          included 3 Mini        Warnings - contradictory 3+           5.4.4 fixed loops,                                                  Counting Numbers        parts                                  labelling
          Basketball             warnings and baby marketing           tangled loops and                                                   and Basic Math                                                 address, UKCA mark
                                                                                                                                                                   Failed test report EN71-1
                                 Failed test report EN71-1             nooses
                                                                                                                                      14   E-More Erasable         No address                             BV Test Report:
                                                                       EN71-1: noted missing
                                                                                                                                           Doodle Book,            CE mark is too small                   (5421)040-0036A
                                                                       labelling
                                                                                                                                           Portable Kids’                                                 11/2/21
                                                                       address, UKCA mark,                                                                         No age, No 0-3 sign, No warning sign
                                                                                                                                           Writing Drawing
                                                                       CE hidden                                                                                   Small parts within the toy but no      EN71-1: PASS
                                                                                                                                           Board Toy Double-
                                                                                                                                           Sided Sketchpad         hazards / warnings labelling in        EN71-1: noted missing
     9    FGWAF Gift Cute        No address                            Not tested
                                                                                                                                           Painting Book with      place. (coloured pens with lids)       labelling
          Astronaut Soft Plush
          Toy with Sound for                                                                                                               12 Colored Erasable                                            address, CE mark too
                                 Missing Conformity Markings                                                                               Pens for Kids                                                  small, no UKCA mark,
          Kids and Game Fans                                                                                             Illegal                                   Missing Conformity Markings
                                                                                                                                           Toddlers Boys Girls                                                                                              Illegal
          Crewmate - Best                                                                                                                                                                                 specific warnings and
                                                                                                                                                                   Warnings - Inaccurate 3+ and small
          Gifts (10cm)                                                                                                                     Age 2 3 4 5 6 7 8                                              hazards
                                                                                                                                                                   parts
                                                                                                                                           Year Old

                                                                                                                                                                                                          BV Test Report:
     10   FGWAF Gift Children    No address                            BV Test Report:
                                                                                                                                                                                                          (5421)040-0036B
          LED Rechargeable                                             (5421)041-0011A
          Music Phone - Best                                                                                                                                                                              11/2/21
                                 Missing Conformity Markings           19/2/21
          Educational Toy                                                                                                                                                                                 BS7272-1: PASS
                                 Warnings - missing EN62115            EN62115: FAIL
                                                                                                                                                                                                          BS7272-2: PASS
                                 warnings                              9.4 bridged insulation
                                 Failed test report EN762115           9.9 temperatures rises                                         15   Baztoy Flying Ball,     Labelling in place but                 BV Test Report:
                                                                                                                         Unsafe            Kids Toys Remote        0-8 warning sign instead of 0-3        (5421)040-0027A
                                                                       9.9 working
                                                                                                                                           Control Helicopter      (illegal use of 0-3 sign)              19/2/21
                                                                       requirements
                                                                                                                                           Mini Drone Magic
                                                                       13 strength of                                                                                                                     EN62115: FAIL
                                                                                                                                           Infrared Induction RC
                                                                       enclosures                                                          Flying Toy Christmas    Warnings - Inaccurate 3+ logo          5.15 Tension test at
                                                                       14.7 accessibility of                                               Birthday Party          Failed test report EN62115             70N
                                                                       batteries                                                           Gifts for Boys Girls                                           9.4 bridged insulation
                                                                       7. missing labelling                                                Children Teenager                                              9.9 temperature rise
                                                                                                                                           Indoor Outdoor
     11   TEMI Carrier-Truck     No address                            Not tested                                                                                                                         9.9 working                                       Unsafe
                                                                                                                                           Garden Game
          Transport-Car Play-                                                                                                                                                                             requirements
          Vehicles Toys - 5 in                                                                                                                                                                            15.1 absence of contact
                                 Missing Conformity Markings
          1 Friction Power Set                                                                                                                                                                            with moving parts
          w/ Real Siren Sound
                                                                                                                         Illegal                                                                          14.6 accessbility of
          & Bright Flashing
                                                                                                                                                                                                          button cells and type
          Light, Push and Go
                                                                                                                                                                                                          R1 batteries (remote
          Play Vehicles Toys
                                                                                                                                                                                                          control)
          w/ Mini Cartoon Bus/
          Taxi/Airplane                                                                                                                                                                                   5.15 drop test (remote
                                                                                                                                                                                                          control)
     12   WELLXUNK Wooden        No address                            BV Test report:
          Blocks,12 Pieces       No CE mark                            (5421)040-0015A
          Wooden Magic                                                 24/2/21
                                 Warning - incorrect format
          Cube Face Emoji,50
                                 no small parts within the toy         EN71-1: PASS
          Cards Wooden
          Magic Cube Face                                              EN71-3: PASS
                                                                                                                         Illegal
          Pattern,Thinking       Missing Conformity Markings           EN71-1: noted missing
          Training Children                                            labelling
          Face-Changing                                                address, CE/UKCA
          Puzzle Building                                              mark
          Cubes Interactive
          Toy
18                                                                                                                                                                                                                                                                              19

     No   Toy Title as seen Non-Compliance &            Test Results                                  Toy Photo as seen   Classification   No   Toy Title as seen Non-Compliance &            Test Results                                 Toy Photo as seen   Classification
          on Amazon         Verification Panel Comments                                               on Amazon                                 on Amazon         Verification Panel Comments                                              on Amazon

     16   Dancing Captain           Everything in place except battery      BV Test Report:                                                21   Push pop pop            Toy arrived in silver bag with barcode   BV Test Report:
          America Toy Robot         information.                            (5421)062-0023A                                                     Bubble Sensory          label.                                   (5421)046-0022A
          Hand Model Dance                                                  11/3/21                                                             Fidget Toy, Autism                                               18/2/21
          Hero Doll with Music                                                                                                                  Special Needs Stress    No labelling
                                    Warnings - missing EN62115              EN62115: FAIL                                                                                                                        EN71-1: FAIL
          Light                                                                                                                                 Reliever Toy Silicone
                                    warnings                                5.15 drop test                                                                              no small parts within the toy            6. packaging flexible
                                                                                                                                                Squeeze Toys with
                                    Failed test report EN62115              9.4 presence of a short                                             2 Fidget Beans,                                                  plastics
                                                                                                                              Unsafe
                                                                            circuit                                                             Anti-Anxiety Tools                                               EN71-1: noted missing
                                                                                                                                                                        Missing Conformity Markings                                                                Unsafe
                                                                            9.9 tempertature rises                                              for Kids and Adults                                              labelling
                                                                                                                                                (green-2)               Failed test report EN71-1
                                                                            15.1 absence of contact                                                                                                              All labelling missing
                                                                            with moving parts
                                                                            EN62115: missing                                                                                                                     BV Test Report:
                                                                            labelling various                                                                                                                    (5421)046-0022B

     17   The New York Doll         No EU address                           BV Test Report:                                                                                                                      18/2/21
          Collection 11 inch/28     0-3 sign too small                      (5421)046-0009A                                                                                                                      Phthalates: PASS
          cm Soft Body Boy                                                  18/2/21                                                        22   TALEEKEU Soft           Toy arrived vacuum packed in clear       BV Test report:
          Baby Doll in Gift
                                    Missing Conformity Markings             Phthalates: PASS                                                    Plush Llama Alpaca      bag with label. No information on the    (5421)069-0006A
          Box - Doll Dummy                                                                                                    Illegal           Hug Pillow Cushion      label.                                   16/3/21
          Included - Toy
                                                                                                                                                Fluffy Doll Kid Sofa
          Dolls for Boys and                                                                                                                                            No care label on toy. Cover detaches     Azo Dyes: PASS
                                                                                                                                                Home Decor Toy
          Toddlers, B168                                                                                                                                                fully. Fluff detaches.                                                                     Illegal
                                                                                                                                                (Pink alpaca)

     18   Pack of 2 Forest          No address                              Not tested
                                                                                                                                                                        Missing Conformity Markings
          Animals Panda             batteries but no instructions
          Torch Projectors,
                                    Likely to fail EN62115 labelling
          Educational Toy,                                                                                                                 23   RUIZHUO Wacky           Toy arrived in plastic bag with bar      Not tested
                                    requirements
          Bedtime Story                                                                                                                         Tracks Fidget Toys      code inside Amazon box.
          Toy, Perfect Party                                                                                                  Illegal           Multicolor Snake
          Favor Stocking            Missing Conformity Markings                                                                                 Chain Puzzles Snap      No labelling.
          Fillers, Great Gift for   Warnings - missing EN62115                                                                                  and Click Finger
          Children Kids Boys                                                                                                                                            No small parts within the toy                                                              Illegal
                                    warnings                                                                                                    Sensory Simple
          Girls, 2 Themes -                                                                                                                     Dimple Fidget Toy
          Clear 48 images                                                                                                                       For Stress Relief
                                                                                                                                                                        Missing Conformity Markings
     19   Baby Xylophone            No EU address                           BV Test Report:                                                     Puzzle Educational
          Instrument w/ Play                                                (5421)046-0024A                                                     Party Toys (3 Pcs)
                                    No 0-3 sign
          Blocks – Pull ‘n Play                                             17/2/21                                                        24   RUIZHUO Wacky           Labelling in place but                   BV Test Report:
                                    String holding beater is 38cm
          Xylophone Baby                                                                                                                        Tracks Fidget Toys                                               (5421)046-0020A
                                                                            EN71-1: FAIL
          Toy – Supports                                                                                                                        Multicolor Snake        0-3 sign but too small
                                                                            5. General requirements                                                                                                              23/2/21
          Imaginative Play,         Missing Conformity Markings                                                                                 Chain Puzzles Snap
          Great Toddler                                                     - small parts generated                                                                     No warning signs                         EN62115: PASS
                                    Warnings - missing acoustics                                                                                and Click Finger
          Musical Instruments       warning                                 5.4 Cords and chains                                                Sensory Simple                                                   EN62115: noted
                                                                                                                              Unsafe                                    No small parts
          Gift for Kids 3 Year                                              6. Packaging - plastic                                              Dimple Fidget Toy                                                missing labelling
                                    Failed test report EN71-1                                                                                                                                                                                                      Illegal
          and Older                                                         pkg thickness                                                       For Stress Relief       Likely to fail EN62115 labelling         retaining instructions,
                                                                            EN71-1: noted missing                                               Puzzle Educational      requirements                             battery information.
                                                                            labelling                                                           Party Toys (3 Pcs)

                                                                            UK address missing,
                                                                                                                                                                        Warnings - EN62115 warnings
                                                                            UKCA mark, Acoustics
                                                                                                                                                                        missing
                                                                            warning

     20   QUACOWW 9                 Toy arrived in clear plastic bag with   BV Test Report:
          Pieces 24 Links           barcode.                                (5421)046-0023A
          Wacky Tracks              No labelling                            18/2/21
          Fidget Toy Wacky
                                    no small parts within the toy           EN71-1: FAIL
          Tracks Snap and
          Click Fidget Toys for                                             6. packaging flexible                             Unsafe
          Stress Relief Party       Missing Conformity Markings             plastics
          Favors                    Failed test report EN71-1               EN71-1: noted missing
                                                                            labelling
                                                                            all labelling missing
20                                                                                                                                                                                                                                                                               21

     No   Toy Title as seen Non-Compliance &            Test Results                                 Toy Photo as seen   Classification   No   Toy Title as seen Non-Compliance &            Test Results                                   Toy Photo as seen   Classification
          on Amazon         Verification Panel Comments                                              on Amazon                                 on Amazon         Verification Panel Comments                                                on Amazon

     25   Drill Design Puzzle      No address                              Not tested                                                     30   Hot.Sale/JYC Color        No address                                BV Test report:
          Creative Toys, Scoolr                                                                                                                Random Boy Girl           Small parts warning too small             (5421)062-0020A
          Electric Drill Toy Set   Battery information in place                                                                                Learning Study                                                      8/3/21
          Educational Toys                                                                                                                     Camera Children           Missing Conformity Markings               EN71-1: FAIL
          Building Blocks                                                                                                                      Take Photo                Warnings - Inaccurate 3+ and small        6 packaging flexible
          Pegboard Toy             Missing Conformity Markings                                                               Illegal           Educational Toy           parts                                     plastic
          Construction Toy                                                                                                                                               Failed test report EN71-1                 EN71-1: noted missing
                                                                                                                                                                                                                                                                    Unsafe
          Set Take Apart Toys                                                                                                                                                                                      labelling
          3D Building Block                                                                                                                                                                                        UK address, UKCA
          Creative Puzzle DIY                                                                                                                                                                                      symbol, Warning to
          Set                                                                                                                                                                                                      be modified, warning
                                                                                                                                                                                                                   for age restriction
     26   Mengonee Wolf            No address                              BV test
                                                                                                                                                                                                                   and small parts -
          Wolverine 3 Long                                                 report:(5421)057-
                                                                                                                                                                                                                   unreadable
          Claws Plastic Action                                             0034A
                                   Missing Conformity Markings
          Figure Toys Cosplay                                              4/3/21                                                         31   HUYURI Electric           No address                                BV Test report:
          Props Halloween          Failed test report EN71-1                                                                                   Guitar Toy Musical        No battery information                    (5421)057-0029A
                                                                           EN71-1: FAIL
                                                                                                                                               Play for Kid Boy Girl     No screw in battery compartment           4/3/21
                                                                           6. packaging flexible                             Unsafe            Toddler Learning          hole                                      EN71-1: FAIL
                                                                           plastics                                                            Electron Toy              Long strap                                5 toys intended for
                                                                           EN71-1: noted missing                                                                         Likely to fail EN62115 labelling          children under 36
                                                                           labelling                                                                                     requirements                              months
                                                                           address, UKCA mark                                                                                                                      5.1 general
                                                                                                                                                                         Missing Conformity Markings               requirements - small
                                                                                                                                                                         Warnings - Inaccurate 3+ and small        parts generated                                  Unsafe
     27   JUMBO PRIMARY            No EU address                           BV test report:                                                                               parts                                     5.14 straps intended
          STRINGING BEAD           No 0-3 sign                             (5421)046-0015A                                                                               Failed test report EN71-1                 for around the neck
          SET by SHAWE with                                                17/2/21                                                                                                                                 6 packaging flexible
          30 Lacing Beads for                                                                                                                                                                                      plastic
                                   Missing Conformity Markings             EN71-1: PASS
          Toddlers and Babie-                                                                                                                                                                                      EN71-1: noted missing
                                                                           EN71-1: noted labelling                           Illegal
          Montessori Toys for                                                                                                                                                                                      labelling
          Fine Motor Skills                                                to be modified - UK                                                                                                                     UK address, UKCA
          Autism OT- A Great                                               address, UKCA mark                                                                                                                      mark
          Toy for Both Boys &
          Girls Ages 3+
                                                                                                                                          32   Gifton - MYSTERY          Webpage only - no address                 Not tested
     28   Hifot 16 Pairs           0-3 sign too small                      Not tested                                                          TOYS BOX - Gift           Other labelling correct on box.
          Clip-on Earrings                                                                                                                     for Boys Girls Kids       Within the box were 5 small toys.
          No Pierced Design                                                                                                                    - Fidgets, Sensory        Some labelled but squidgy toy no
                                   Missing Conformity Markings
          Earrings Dress up                                                                                                                    Stress Balls, Puzzles,    labelling. Small button cell car - not
          Princess Jewelry         Warnings - Inaccurate 3+ logo                                                                               Table Games, Brain        labelled.                                                                                  Illegal
                                                                                                                             Illegal
          Accessories for Girls                                                                                                                Teasers, Magnetic         Small parts within the toy.
          Kids Toddler                                                                                                                         Building Blocks,
                                                                                                                                               Torches, Cars and         Missing Conformity Markings
                                                                                                                                               More (1 Box of 5
                                                                                                                                               Toys)
     29   Color Cute Cartoon       Magnetic earrings                       BV Test report:
                                                                                                                                          33   Noxus Magnetic            Toy arrived in plain tin. No labelling.   BV Test report:
          Magnetic Clip On         Strong magnetic pull                    (5421)088-0021
                                                                                                                                               pen Interesting           Very strong magnets.                      (5421)057-0028A
          Stud Earrings for                                                1/4/21
                                   No information/No labelling                                                                                 combination toy |                                                   4/3/21
          Teen Girls Women
                                   Small parts within the toy but no       EN71-1: FAIL                                                        Wonderful Magnetic        Missing Conformity Markings               EN71-1: FAIL
          Party Wear Gift Set,
                                   hazards / warnings labelling in place   4 general requirements                                              Ballpoint Pen | Fidget    Warnings - Inaccurate 3+ and small        4 general requirements
          Pack of 12 Pairs
                                                                                                                                               Toy Gift | Stylus pen |   parts                                     4.22 small balls to be
                                                                           4.23 magnetic flux (107
                                                                                                                             Unsafe            creative boy birthday     Failed test report EN71-1                 modified
                                   Missing Conformity Markings             kG2mm2)                                                                                                                                                                                  Unsafe
                                                                                                                                               present (Multicolour)                                               4.23 Magnets - small
                                   Warnings - Inaccurate 3+ and small                                                                                                                                              partsand magnetic flux
                                   parts                                   EN71-1: noted missing                                                                                                                   (441.14 kG2mm2)
                                   Failed test report EN71-1               labelling                                                                                                                               EN71-1: missing
                                                                           address, CE/UKCA                                                                                                                        labelling
                                                                           mark, specific warnings                                                                                                                 7 all missing
                                                                           and hazards
22                                                                                                                                                                                                                                                                           23

     No   Toy Title as seen Non-Compliance &            Test Results                                Toy Photo as seen   Classification   No   Toy Title as seen Non-Compliance &            Test Results                                Toy Photo as seen   Classification
          on Amazon         Verification Panel Comments                                             on Amazon                                 on Amazon         Verification Panel Comments                                             on Amazon

     34   TOYANDONA               Toy arrived in clear plastic bag with   BV Test report:                                                38   6 packs Light up       No battery information except for        Not tested
          Magnetic Bead Maze      barcode label.                          (5421)057-0023A                                                     Boat Bath Toy          WEEE and RoHs sign.
          Puzzle Cute Monkey      No information                          4/3/21                                                              Set, Flashing Color    Button cell batteries but not
          Shape Magnet            No small parts                          EN71-1: FAIL                                                        Changing Light in      accessible.
          Wooden Maze Game                                                4 general requirements                                              Water, Floating        No 0-3 sign
          Toy Educational Toy     Missing Conformity Markings             - small parts generated                                             Rubber Bathtub Toys    No choking sign                                                                            Illegal
          for Kids Boys Girls     Failed test report EN71-1               4.22 small balls to be                                              for Baby Toddler       3+ age grade - no small parts
          Toddlers                                                        modified                                          Unsafe            Infant Tub Play, Boy
                                                                          4.23 magnets (113.61                                                Girl Kid Growing Pal   Warnings - missing EN62115
                                                                          kG2mm2)                                                             in Shower Bathroom     warnings
                                                                          6 packaging flexible                                                or swimming pool
                                                                          plastics
                                                                                                                                         39   KingbeefLIU Children   Toy arrived in clear plastic box with    BV test report:
                                                                          EN71-1: noted missing
                                                                                                                                              Science Bar Ring       barcode labelling.                       (5421)062-0026A
                                                                          labelling
                                                                                                                                              Horseshoe Compass      Instruction leaflet inside in chinese.   9/3/21
                                                                          all labelling missing
                                                                                                                                              Magnet Car Kit         No information on packaging. No          EN71-1: FAIL
     35   Hysagtek 4 PCS          The lids are small parts                BV test report:                                                     Experiment Tools A     magnet warnings. Toy was broken          4 general requirements
          Ballpoint Pen Novelty   No 0-3 sign                             (5421)057-0027A                                                     Fun Educational Toy    inside. Small parts within toy.          4.8 points and wires -
          Cute Pizza & Bread      No warning sign                         4/3/21                                                                                     Small parts within the toy but no        sharp points
          Stick Magnet Ball       Small parts within the toy but no       EN71-1: FAIL                                                                               hazards / warnings labelling in place    4.9 protuding parts -
                                                                                                                                                                                                                                                                Unsafe
          Pens School Office      hazards / warnings labelling in place   4 general requirements                                                                                                              puncture hazard
          Kids Toy Gift                                                   - small parts - magnet                                                                     Missing Conformity Markings              4.23 magnets to be
                                  Missing Conformity Markings             detached                                                                                   Warnings - Inaccurate 3+ and small       modified
                                  Warnings - Inaccurate 3+ and small      4.23 magnets (137                                 Unsafe                                   parts                                    EN71-1: noted missing
                                  parts                                   kG2mm2)                                                                                    Failed test report EN71-1                labelling
                                  Failed test report EN71-1               6 packaging flexible                                                                                                                address, CE/UKCA
                                                                          plastics                                                                                                                            mark, specific hazards;
                                                                          EN71-1: noted missing                                                                                                               magnetic information
                                                                          labelling
                                                                                                                                         40   HUALEDI Unicorn        Toy arrived in clear plastic bag with    BV test report:
                                                                          EU/UK address, UKCA
                                                                                                                                              Toys Gifts             barcode.                                 (5421)057-0024A
                                                                          mark, specific warnings
                                                                                                                                              Set,Unicorn Torch      No labelling                             9/3/21
     36   3 In 1 Wooden           EU address in place.                    BV Test report:                                                     and Projector,[5       Small parts within the toy               EN71-1: FAIL
          Magnetic Fishing        No 0-3 sign                             (5421)057-0020A                                                     Pack] Unicorn Girls    No battery information                   6 packaging flexible
          Board Games             No CE mark                              3/3/21                                                              Accessories Toys       Likely to fail EN62115 labelling         plastics
          Montessori Toys         Choking warning incorrect format.       EN71-1: FAIL                                                        ,Girls gifts for age   requirements                             EN71-1: noted missing
          for Kids Fine Motor     Small parts within the toy              4 general requirements                                              2-3-4-5,Science toy                                             labelling
                                                                                                                                                                                                                                                                Unsafe
          Skills Toys Toddler                                             - small parts magnet                                                for 1 2 3 4 5 6 year   Missing Conformity Markings              address, CE/UKCA
          Learning Educational    Missing Conformity Markings             detaches                                                            old                    Warnings - Inaccurate 3+ and small       symbol, warnings
          Toys 3 4 5 Years Old    Warnings - Inaccurate 3+ and small      4.22 small balls to be                            Unsafe                                   parts, missing EN62115 warnings
          with Magnet Poles       parts                                   modified                                                                                   Failed test report EN71-1                BV test report:
          and Clip (8 Magnetic    Failed test report EN71-1               4.23 magnets (70.58                                                                                                                 (5421)057-0024B
          Fish and 28 Bead)                                               kG2mm2)                                                                                                                             9/3/21
                                                                          EN71-1: noted missing                                                                                                               Phthalates: PASS
                                                                          labelling
                                                                          CE/UKCA mark,
                                                                                                                                         41   welltop Dinosaur       No address                               Not tested
                                                                          warnings
                                                                                                                                              Cars Toys, Dinosaur
     37   LEEHUR Creative         0-6 sign instead of 0-3 and too         BV test report:                                                     Toy Blaster for 2-9    Missing Conformity Markings
          Magnetic Putty          small parts within the toy              (5421)057-0031A                                                     Year Old Girls Boys
          with Funny Monster      2nd sample: same packaging but          4/3/21                                                              Christmas Birthday                                                                                                Illegal
          Eyes for Children       UKCA mark added - too small.            EN71-1: FAIL                                                        Gifts Blue
          Kids Intelligent        Strong magnet                           4 general requirements
          Exploitation Gift                                               4.23 magnets (1307.11
                                  Missing Conformity Markings             kG2mm2)
                                  Warnings - Inaccurate 3+ and small      EN71-1: noted missing
                                  parts                                   labelling
                                                                                                                            Unsafe
                                  Failed test report EN71-1               UK address, UKCA
                                                                          mark, small hazards
                                                                          warnings

                                                                          BV Test report:
                                                                          (5421)063-0016A
                                                                          17/3/21
                                                                          EN71-3: PASS
You can also read