Erhvervsudvalget 2007-08 (2. samling)
KOM (2008) 0009 Bilag 4
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ANEC-CHILD-2008-G-040
19 June 2008
ANEC/BEUC Fact sheet
Introduce specific requirements for toys in food
Background
It has become common for food manufacturers to include toys or other non-
food items as a marketing device to encourage consumers and especially
children to buy their products. Unfortunately, this practice has led to injuries
and some fatalities. The problem does not necessarily lie with the toy itself, but
rather with the
combination
of a food product (e.g. chocolate egg) and a non-
food items (e.g. toy) being offered to a child at the same time. The child may
indeed swallow (a small part of) the toy while eating the food product due to a
lack of attention which may present chocking risks.
Toys embedded in food are prohibited in many countries including the United
States. Despite fatal and near fatal accidents, food products containing toys
continue to be sold in the EU.
In this context, the prohibition in the Commission’s proposal of toys attached to
the food product in such a way that the food needs to be eaten first in order to
reach the toy is a step in the right direction. However, other requirements for
toys in food in the Commission’s proposal should be strengthened. In
particular, the inner packaging must not present any asphyxiation risk for
children, by being swallowed and/or inhaled or by being lodged in the rear part
of the oral cavity thereby blocking the child’s airways.
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Our proposals for amendments
ANNEX II
PARTICULAR SAFETY REQUIREMENTS
I. PHYSICAL AND MECHANICAL PROPERTIES
4.
Toys and their parts must not present risk of asphyxiation caused, in particular,
by strangulation or suffocation.
The packaging in which toys are contained for retail sale must not present risk
of strangulation or asphyxiation caused by airway obstruction
internal and
external to the mouth and nose.
Justification:
Children use products in all conceivable ways and also play with and explore the
packaging. It is known that accidents have occurred with spherical, oval or egg-
shaped toys which, given their form, have become tightly lodged in the rear of the
child’s oral cavity forming a seal over the airways, thereby causing suffocation or
near-suffocation. It is not defensible to allow toy containers/capsules to be shaped in
this way, whether the toys are sold together with food, in automatic dispensers or are
sold in shops. As the above mentioned accidents represent cases of internal airway
obstruction, the risk of asphyxiation should not be caused by internal airway
obstruction either.
Toys, which are clearly intended for use by children under 36 months, and
their component parts and any of their detachable parts must be of such
dimensions as to prevent their being swallowed and/or inhaled. This also
applies to other toys which are intended to be put in the mouth,
to toys which
functions will be improved if the toy is wetted in saliva,
and to their
component parts and any of their detachable parts.
Toys contained within food or co-mingled with a food must have their own
packaging. This packaging, in its supplied condition, must be of such
dimensions as to prevent it being swallowed and/or inhaled
and must not
present any other risk of asphyxiation, strangulation, external or internal
airway obstruction or choking.
Toys in food should distinguish themselves clearly by colour, consistency and
size from the food;
Justification:
Toys in food are being offered to a child at the same time. While playing with the toy,
the child will eat the food without always paying attention to what it is putting in its
mouth (e.g. a small part of the toy).
Warning labels on food products containing toys must not be distorted, in
particular folded or crumpled, or be easily distorted.
Justification:
This could impair the legibility of the warning.
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Toys firmly attached to a food product at the moment of consumption, in such
a way that the food product needs to be consumed in order to get direct access
to the toy, shall be prohibited.
Parts of toys attached to a food product which does not need to be consumed
in order to get access to the toy should be of such dimensions that they can not
be swallowed, inhaled or cause internal airway obstruction.
Justification:
This is the case for candy lipsticks in a plastic socket and with a plastic cap, or for
candy pacifiers with plastic shields. When the child sucks the candy there is a risk that
the socket or the shield will be inhaled, without having to consume the whole lipstick.
There was a fatality with such a candy lipstick in Ireland where a child (older than
three) swallowed the cap. The cap has now been perforated in order to allow air
passage but we know that the product is banned in some Member State e.g. in
Sweden.
The assessment of the hazard inherent in toys in food shall be done on the
basis of the precautionary principle.
Justification:
This is mentioned in the Explanatory memorandum of the Commission’s Proposal,
under point 3.1.4 Toys in food, where reference is made in a footnote to "Commission
Communication COM (2000) 1, 1.2.2000". See also separate ANEC/BEUC factsheet
on the precautionary principle.
ANNEX V
WARNINGS
(Article 10)
PART B – SPECIFIC WARNINGS AND INDICATIONS OF PRECAUTIONS
TO BE TAKEN WHEN USING CERTAIN CATEGORIES OF TOYS
7.
Toys in food
Toys contained in food or co-mingled with food shall contain the warning:
“Adult supervision recommended”.
Food products containing toys must bear the following warning, irrespective
of the age of the child: “Warning: contains a toy”, or, in case the toy is packed
in a hazardous container: “Warning, contains a toy in a container which may
present a choking hazard. Remove these items before giving the food to the
child”
Justification:
Some products simply indicate that there is a “surprise inside”, without mentioning
whether the surprise is edible or not. In such case, a child could confuse e.g. a little
ball (inedible/toy) with a chewing gum shaped like a ball (edible). The proposed
wording therefore offers a better protection to children.
END.
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