The European Toy Safety Directive, 2009/48/EC applies "to products designed or intended, whether or not exclusively, for use in play by children under 14 years of age (hereinafter referred to as toys)." The use of the wording "whether or not exclusively" indicates that a product does not have to be exclusively intended for playing purposes in order for it to be considered as a toy by the European authorities, but it can have other functions as well.
The difficulty to determine if a product is considered a toy is the concept of "use in play" or "play value" in the definition of a toy. In principle almost every product has play value for a child, but this does not make every product a toy according to the directive.
To be considered as a toy, the play value has to be introduced in an intended way by the manufacturer.
However, the reasonably foreseeable use is considered to prevail over the declaration of intended use by the manufacturer. If the manufacturer labels the products as not being toys, he has to be able to support this claim. In other words, any product which clearly has play value or could function as a toy is a toy, regardless of the intentions of the manufacturer.
For example a teddy bear intended as give-a-way for adults will be considered a toy as it is foreseeable that the teddy bear will be given to a child and therefore the teddy bear needs to comply with the safety rules of the toy safety directive.
The following criteria could help to determine if a product should be considered a toy or not:
In summary products which have potential play value, are child-appealing, and the intention of the manufacturer was not neutral with regards to children when introducing additional features are always considered a toys.
Packaging is child-appealing and can be played with. The packaging becomes an integral part of the toy.
Specifically designed for kids, with play value
Additional play funcAon as secondary function introduced, a handbag.
Blowing bubbles pen - additional play function as secondary function introduced
Erasers - child appealing and inciAng play due to the shape
Specifically designed for kids, addiAonal play function introduced - becomes more than a joystick.
Pens and pencils having exclusively a functional writing purpose
Play value, but not specifically designed for kids
Child-appealing, but no play function or value
Specifically designed for kids, no additional play function or value introduced - remains a joystick