Does CE certification for toys test BPA and phthalates?
Parents ask about BPA and phthalates more than almost any other chemical in toys. Sellers ask a different version of the same question: if my toy carries the CE mark, does that already prove it is free of them?
The answer is yes, but not in the way most people expect. There is no single “CE test” for BPA or phthalates. Instead, both are limited by EU law, and the CE mark is your declaration that the toy meets those limits. If it does not, the CE mark is invalid and the toy cannot legally be sold.
This article explains where the limits come from, what testing you need, and what changes under the new Toy Safety Regulation.
What the CE mark on a toy actually means
Every toy sold in the EU must carry the CE mark. It is required by the Toy Safety Directive 2009/48/EC (TSD) and applies across all 27 Member States. The UK has a parallel system under the Toys (Safety) Regulations 2011, using the UKCA mark, with CE still accepted for most toys.
The CE mark is not a certificate and nobody issues it to you. The manufacturer applies it after confirming the toy meets the essential safety requirements of the TSD in three areas: mechanical and physical properties, flammability, and chemical properties. You then sign an EU Declaration of Conformity and keep a technical file that proves it.
Is third-party testing required?
Not always. If harmonised standards exist and you apply them in full, you can self-declare using your own or a lab’s test results. The main standards are EN 71-1 (mechanical), EN 71-2 (flammability) and EN 71-3 (migration of certain elements), with other parts of EN 71 covering specific chemical and product types.
Third-party assessment by a notified body (EU-type examination) is mandatory only where harmonised standards do not exist, are not applied in full, or the manufacturer thinks they do not fully cover the risks. In practice most toy manufacturers use an accredited lab for testing anyway, because market surveillance authorities and marketplaces such as Amazon will ask for the reports.
What is BPA and how is it limited in toys?
Bisphenol A (BPA) is a building block of polycarbonate plastic and epoxy resins. In toys it turns up in hard clear plastics, coatings and some electronic housings. It is classified in the EU as toxic to reproduction, category 1B, and as an endocrine disruptor.
BPA is restricted directly by the Toy Safety Directive. Annex II, Appendix C sets a migration limit of 0.04 mg/l for BPA in toys intended for children under 36 months and in any toy intended to be placed in the mouth. This limit has applied since 26 November 2018, when Directive (EU) 2017/898 replaced the earlier 0.1 mg/l limit. Testing is done to EN 71-10 and EN 71-11.
On top of that, BPA’s category 1B classification means the TSD’s general rule on CMR substances applies to every toy, whatever the age grade: it may not be present above 0.3 percent unless the material is inaccessible to the child.
So if your toy is CE marked and the technical file is honest, BPA has already been addressed. A migration test report for BPA belongs in the file for any toy for under-threes or any toy that goes in the mouth.
What are phthalates and how are they limited?
Phthalates are plasticisers used to make PVC soft and flexible. Bath toys, dolls, inflatable toys, soft figures and printed textiles are the usual places to find them. Several phthalates are classified as toxic to reproduction, and they are the most common chemical reason toys are pulled from the EU market through the Safety Gate system.
Phthalates are not limited by the Toy Safety Directive itself. They are limited by REACH, Regulation (EC) 1907/2006, Annex XVII:
Entry 51 restricts DEHP, DBP, BBP and DIBP. Combined concentration may not exceed 0.1 percent by weight of plasticised material in toys and childcare articles. Since 7 July 2020 the same limit applies to almost all other consumer articles too.
Entry 52 restricts DINP, DIDP and DNOP to 0.1 percent by weight of plasticised material in toys and childcare articles that children can put in their mouths.
Because REACH applies to any article placed on the EU market, these limits sit alongside the TSD rather than inside it. Your CE technical file should still contain a phthalate test report for every soft plastic component, because a toy that breaches REACH is not a compliant toy, and the Declaration of Conformity would be false.
Does CE marking test for BPA and phthalates? The short version
CE marking does not “test” anything. You do. What the law requires is:
- BPA: migration below 0.04 mg/l for toys for under-threes and mouthable toys (TSD Appendix C), and no more than 0.3 percent in any toy material (CMR rule).
- Phthalates: DEHP, DBP, BBP, DIBP below 0.1 percent in all toys; DINP, DIDP, DNOP below 0.1 percent in mouthable toys (REACH Annex XVII).
- Evidence: test reports for both in the technical file, referenced in the risk assessment, before you apply the CE mark.
A CE mark with no chemical test data behind it is the single most common gap we see in toy technical files from non-EU sellers.
How this compares with the United States
US rules are set by the Consumer Product Safety Improvement Act 2008 and enforced by the CPSC. Since 2018, eight phthalates (DEHP, DBP, BBP, DINP, DIBP, DPENP, DHEXP, DCHP) are permanently banned above 0.1 percent in children’s toys and childcare articles, with mandatory third-party testing at a CPSC-accepted lab. The US has no federal BPA limit for toys. If you sell in both markets, one set of phthalate testing can usually cover both, but check that the lab reports against both lists.
What changes under the new Toy Safety Regulation
The Toy Safety Regulation (EU) 2025/2509 was published on 12 December 2025 and applies from 1 August 2030. Until then the Toy Safety Directive stays in force.
For chemicals, the Regulation goes further than the current rules. It bans bisphenols as a group in toys, not just BPA, and adds a general ban on endocrine disruptors, PFAS and substances toxic to specific organs. The CMR ban is widened. Every toy will also need a Digital Product Passport, accessible via QR code, that carries its compliance information.
If you are designing toys now, it makes sense to move away from bisphenol-based plastics already, rather than reformulate in 2030.
Six steps to CE marking a toy
- Classify the product. Confirm it is a toy under the TSD (designed or intended for play by children under 14) and check which other rules apply, such as REACH, the Batteries Regulation or WEEE for electronic toys.
- Carry out a safety assessment. Identify the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards, and assess the likely exposure. This is a legal requirement under Article 18 of the TSD.
- Test to the harmonised standards. EN 71-1, EN 71-2 and EN 71-3 as a baseline, plus BPA migration (EN 71-10/11) and phthalate content where soft or hard plastics are used. Check age grading, warnings and symbols.
- Compile the technical file. Design drawings, bill of materials, test reports, the safety assessment, instructions and labels. Keep it for ten years after the last unit is placed on the market.
- Sign the EU Declaration of Conformity. It must name the toy, the manufacturer, the legislation and standards applied, and be available on request.
- Apply the CE mark. Visibly, legibly and permanently on the toy or its packaging, along with the manufacturer’s (and importer’s) name and address.
Non-EU manufacturers also need an authorised representative in the EU, and since December 2024 the GPSR requires a responsible person’s contact details on every consumer product.
Conclusion
CE marking does not include a separate BPA or phthalate test, but a toy cannot legally carry the CE mark unless it meets the BPA limits in the Toy Safety Directive and the phthalate limits in REACH. The proof sits in your technical file, so the test reports need to be there before the mark goes on.
Euverify reviews toy technical files, arranges chemical testing and acts as EU authorised representative for non-EU toy brands. If you would like a second pair of eyes on your documentation, get in touch.
