Toy labelling: Directive 2009/48, CE marking and warnings

Directive 2009/48/EC on the safety of toys imposes strict labelling requirements for any toy marketed in the European Economic Area. From CE marking to age-specific warnings, manufacturer identification and traceability, this guide details each obligation and anticipates changes from the new Regulation (EU) 2025/2509 applicable from 1 August 2026.

1. Directive 2009/48/EC — scope

The directive covers any product designed or intended, exclusively or not, for use in play by children under 14 years of age. Decorative toys, puzzles with more than 500 pieces, sports equipment and electronic equipment not intended for play are excluded.

Dual-use products (e.g. plush keychains) fall under the directive if they have a play function. In case of doubt, the market surveillance authority decides.

2. Mandatory CE marking

The CE marking certifies that the toy meets essential safety requirements. It must be affixed visually, legibly and indelibly on the toy, its label or its packaging. The minimum height is 5 mm.

When a notified body is involved (module C2 or E), its 4-digit identification number must appear next to the CE marking.

3. Mandatory packaging mentions

Every toy sold in the EU must display:

• The name or trade name and address of the manufacturer
• The name and address of the importer (if the manufacturer is outside the EU)
• The product reference or model number for identification
• The batch or serial number for traceability
• The CE marking (minimum height 5 mm)
• Safety warnings in the language of the country of sale

If the toy is too small to bear these mentions, they must appear on the packaging or an accompanying document.

4. Age-specific warnings

Warnings are an essential requirement. They must be clearly visible before purchase (on packaging, not only in instructions):

• Under 36 months — Pictogram 0-3 crossed or "Not suitable for children under 36 months" + reason (e.g. "small parts — choking hazard")
• Magnetic toys — "Warning! This toy contains magnets or magnetic components. Magnets sticking together [...] can cause serious injury."
• Chemical toys — Minimum age mention (often 8 or 10 years) + "To be used under adult supervision"
• Aquatic toys — "Warning! Only to be used in shallow water under supervision"
• Functional toys — "To be used under adult supervision"

5. GPSR — General Product Safety Regulation (EU) 2024/2498

Since 13 December 2024, the GPSR imposes additional obligations on toys. Every economic operator (manufacturer, importer, distributor, marketplace) must ensure that a "responsible person" established in the EU is identified on the product or its packaging.

The GPSR also strengthens traceability obligations: consumer reporting channels, internal complaints and recalls register, Safety Gate portal notification.

6. Regulation (EU) 2025/2509 — new framework from 01/08/2026

The new toy regulation replaces Directive 2009/48/EC. Major labelling changes:

• Digital Product Passport (DPP) — Each toy must bear a data carrier (QR code or DataMatrix) linking to a digital passport containing declaration of conformity, test reports and traceability information.
• Strengthened chemical substance requirements — Extension of CMR restrictions to endocrine disruptors and sensitisers.
• EU responsible person — Formalised obligation (GPSR alignment) with contact details on packaging.
• Digital CE marking — Possibility of digital CE marking in addition to physical marking.

7. Common mistakes

• CE marking too small (< 5 mm) or poorly proportioned
• "Under 36 months" warning missing on a toy containing small parts
• Confusion between CE marking and "China Export" sign
• Missing EU importer address for a toy manufactured in Asia
• Warnings only in English in a non-English-speaking country
• Missing batch number making traceability impossible
• Safety notice only inside packaging, not visible before purchase

Frequently asked questions

Is CE marking mandatory on all toys sold in Europe?

Yes. Every toy placed on the EEA market must bear the CE marking. It certifies that the manufacturer has verified the toy's compliance with the essential requirements of Directive 2009/48/EC (or Regulation 2025/2509 from 01/08/2026). Without CE marking, the toy cannot be legally marketed.

What warnings are mandatory for toys containing magnets?

Toys containing accessible magnets must bear a specific warning indicating the presence of magnets and the risk of ingestion. The standardised text states that "magnets sticking together or to a metallic object inside the human body can cause serious injury". This warning must be visible before purchase.

Does a handmade toy sold at a local market need CE marking?

Yes. Directive 2009/48/EC does not provide an exemption for handmade toys or small batches. Any toy sold or given as part of an economic activity must meet essential safety requirements and bear the CE marking, regardless of production scale.