Can a cosmetic product also be a toy?
The age of the person on which a substance or mixture is applied for cosmetic purposes is not a constituent part of the definition of “cosmetic product”. Therefore, it all comes down to the intended purpose of the product and has to be assessed on a case-by-case basis from the point of view of the reasonably well informed consumer.
Toys fall under the scope of the Directive 2009/48/ EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (Toy Safety Directive) and, according to this document, are defined as “products designed or intended, whether or not exclusively, for use in play by children under 14 years of age."
What is the regulatory framework for a product that is both a cosmetic and a toy?
In such cases, the product must fully comply with Regulation (EC) No 1223/2009 as well as Directive 2009/48/EC.
This means that the product has some additional labeling and safety requirements regarding its toy function.
To declare compliance with the mentioned Directive, the CE mark must be printed on the product label before the toy is placed on the market, that is before the toy is made available on the Community market for the first time.
In addition, the European Committee for Standardization (CEN) implemented the EN71 to prevent harmful products from entering the European Union (EU) market. As such, it is mandatory for all toys imported and manufactured in the EU to be tested and comply with the applicable EN 71 standards.
The standard outlines multiple safety requirements, including flammability, usage of chemicals, and mechanical and physical properties.
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