By Joseph A. Farco, Esq. of Farco ToyCo LLC and Norris McLaughlin P.A
As a toy inventor himself, Joe has an extensive experience in advising clients on intellectual property in the toy and gaming space. Joe advises clients on different IP protection methods, such as obtaining the right type of patent on your toy, copyrights and trademarks for different types of toy branding, and licensing and manufacturing deals involving the same. Joe also provides guidance to clients seeking to enter the toy space or produce a particular toy but want to be respectful of the IP rights of others.
Good Ol’ ASTM F963
In 1979, the American Society for Testing and Materials (ASTM) established the first version of ASTM F963, titled “Standard Consumer Safety Specification for Toy Safety.” This initial standard focused on addressing various hazards, including choking, sharp edges, and toxic substances. It has been revised and updated throughout the years, and it is enforced by the U.S. Consumer Product Safety Commission (CPSC). In 2011, the CPSIA mandated that all toys sold in the U.S. must comply with ASTM F963. This marked a turning point, as it enforced compliance with the standard and made it a legal requirement for manufacturers. Failure to meet its requirements can land you and your company in hot water.
Key Components of ASTM F963
- Mechanical and Physical Safety: Requirements to prevent injuries from sharp edges, points, and small parts.
- Chemical Safety: Limits on harmful substances, including heavy metals and phthalates, to protect children’s health.
- Labeling and Age Grading: Guidelines to ensure toys are appropriately labeled for the intended age group, helping to reduce risks associated with inappropriate use.
How Do I Make Sure I Comply with ASTM F963?
1. Understanding the Standard
- Training and Education: Companies invest in training their design, production, and quality assurance teams to understand the requirements of ASTM F963 thoroughly.
- Consulting Experts: Many companies hire compliance specialists or consultants who have expertise in ASTM standards and toy safety regulations.
2. Product Design and Development
- Safety by Design: Manufacturers incorporate safety features during the design phase, such as avoiding small parts for toys intended for younger children and ensuring there are no sharp edges.
- Material Selection: Companies choose non-toxic and safe materials that comply with chemical safety limits outlined in ASTM F963.
3. Testing and Evaluation
- In-House Testing: Many companies establish in-house labs to conduct preliminary tests for mechanical and physical safety, as well as chemical content.
- Third-Party Testing: To ensure objectivity, companies often send products to independent laboratories certified for ASTM testing. These labs perform comprehensive evaluations to verify compliance with the standard.
4. Documentation and Record-Keeping
- Maintaining Records: Companies keep detailed documentation of design specifications, testing results, and compliance reports. This documentation is crucial for audits and regulatory inspections.
- Traceability: Implementing traceability systems helps companies track materials and components used in their toys, ensuring they meet safety standards.
5. Quality Assurance Programs
- Regular Audits: Companies conduct internal audits and inspections of manufacturing processes to ensure adherence to safety protocols.
- Supplier Audits: Many manufacturers perform audits of their suppliers to ensure that raw materials meet safety and quality standards.
6. Post-Market Surveillance
- Monitoring Feedback: Companies actively monitor customer feedback and complaints regarding their toys. This helps identify potential safety issues that may arise after the product is on the market.
- Recalls and Reporting: In case of any safety concerns, companies are prepared to issue recalls and report findings to regulatory bodies like the CPSC, in line with compliance obligations.
What’s the Risk?
Since 2007, the CPSC has been engaged in numerous investigations that resulted in recalls of millions of toys. From finding lead paint in Barbie products , excessive lead in Pinypon dolls and plush toys, skin burns from use of Hasbro’s “Easy-Bake Oven”, and chocking hazards in Fisher-Price’s “Little People,” the CPSC has caused numerous toy companies to withdraw existing product, resolve the hazard, and reporting resolution and compliance along with payments of penalties. The CPSC maintains a list of recalls at the following link: https://www.cpsc.gov/Recalls.
CONCLUSION
If you wish to keep your toy company off of the CPSC’s recall list ad avoid excessive fines and manufacturing nightmares, familiarize yourself and your company with the standards of ASTM F963 applicable to your toy products. Failing to recall ASTM F963’s standards can result in a recall of your toy products.
