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On July 9, 2025, the European Union notified the WTO a draft amendment to its Toy Safety Directive (2009/48/EC). The revision includes a decision to permit certain uses of cobalt in toys. The final day for comments is September 7, 2025.
Background
The amendment follows a detailed opinion from the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER), which identified that cobalt is found in toys as an impurity in materials like nickel and stainless steel, and is intentionally added in pigments, colorants, batteries, and 3D printing materials. SCHEER found that current cobalt levels in some toys exceed safety limits, and children can be exposed through play, negating existing safety exemptions.
SCHEER evaluated six scenarios of cobalt exposure. For cobalt in electrical components (e.g., model rail tracks) and stainless steel toys, inhalation and dermal exposure risks were deemed negligible.
However, for cobalt in children's make-up, 3D pens, toy printers, paints, inks, coatings, chalks, textiles,and batteries, SCHEER could not identify safe uses due to insufficient data or absence of quantitative exposure scenario.
Compliance Implications and Future Steps
In essence, the amendment propose to amend Appendix A of Annex II to Directive 2009/48/EC, by permitting the following uses of cobalt in toys:
In toys and toy components made of stainless steel, as an impurity in the nickel contained in the stainless steel.
In toy components which are intended to conduct an electric current.
In neodymium-based magnets used in toys if those magnets cannot be swallowed or inhaled.
The cobalt must meet the following migration limits from toys or components of toys:
10.5 mg/kg in dry, brittle, powder-like or pliable toy material.
2.6 mg/kg in liquid or sticky toy material.
130 mg/kg in scraped-off toy material.
This directive will take effect 20 days after publication in the Official Journal of the European Union, with Member States required to implement it within 7 months after the publicatoin in the OJ.
The draft can be accessed here.
