Toy Safety
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On 30 June 2009 the new Toy Safety Directive, Directive 2009/48/EC was published. It substantially amends the old Directive across virtually all safety aspects. It fulfils to the highest level the newest health and safety standards. It is aimed at simplying the current legislative framework and increasing quality and efficiency. It deals with warnings, 19 products not considered toys, chemical requirements and new tests aimed at claimping down on rogue Far Eastern Manufacturers.
The main issue for manufactures will be knowing what the raw materials they have used in components and materials contain. For example, much plastic is now traded so it is impossible to work out what samples contain. Testing costs have increased, probably in an attempt to clamp down on rouge Far Eastern manufacturers where the main issue is sourcing raw materials and being able to trace those materials through the supply chain.
In all probability the most committed offence will be not having a full technical file as the requirement to produce one within 30 days will be difficult to comply with on a retrospective basis.
Jeremy Barnett has acted as a Trading Standards lawyer in cases where defective products have come to the attention of the Trading Standards. Product Recalls affect businesses of all sizes, from major international manufacturers to small importers of goods, often from China. Recalls are now routine in a number of areas including
- Food safety
- Electrical goods
- Toys
- Motor Vehicles
- Pharmaceuticals and medical devices.
Recalls have to be planned in advance, so that goods that have been dispatched can be recalled before they reach the consumer, advertising published in cases where dangerous products have been identified and steps are taken to ensure that a returns policy and compensation can be put in place.
The General Product Safety Regulations 2005 introduce duties for the notification of unsafe products and guidance is now available on the BIS website, together with the European Commission good practice guide ‘Product Safety in Europe’. The Trading Standards institute has a web page where any trader can post their recall/safety notice.
More companies are now taking advice on compliance in this area prior to any intervention from the Trading Standards, so as to prevent product recalls occurring. Jeremy Barnett works closely with process consultants who advise on modern manufacturing techniques which ‘design out’ potential problems.
The Trading Standards have powers to suspend the sale of dangerous products, but they rarely use these powers, as a successful appeal would result in a claim for damages for loss of profit if it transpires that the products are safe. It is often necessary to act immediately to test products such as electrical goods, that could cause substantial injury and damage.
Jeremy has also successfully represented toy companies where claims that wigs and masks, and Star Wars Light Sabres were unsafe were overturned. In one case damages for loss of profits of approximately £100,000 were recovered from the Trading Standards
