Toy Association Advocacy Fights Back on Issues Impacting Play at State Level

July 22, 2022 | Protecting and promoting the business of play continues to be a top priority of The Toy Association. As part of these efforts, the Association monitors federal, state, and global legislative and regulatory issues impacting the toy and play community, working to ensure that businesses are protected and that children’s toys remain safe. To date this year, The Toy Association’s external affairs team has tracked more than 1,500 pieces of legislation and acted on over 300 bills that would impact toy companies.

While no new laws specific to children’s products or toys have passed in 2022, members are advised to take note of the following new state laws which impact consumer products and their packaging:

Packaging and Other Environmental Issues

California and Colorado have passed comprehensive packaging laws which include Extended Producer Responsibility (EPR) requirements. California SB 54 and Colorado HB 1355 join 2021 EPR packaging laws in Maine and Oregon which The Toy Association continues to monitor and works to ensure compliance is manageable for toy companies.

Additionally, Colorado HB 1345 enacted the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act" to establish a regulatory scheme that phases out the sale or distribution of products that contain intentionally added PFAS chemicals. The bill provides an exemption for electronic and inaccessible components. The Toy Association helped secure amendments to remove overburdensome reporting requirements.

Privacy and Children’s Online Safety

In 2022, Connecticut and Utah passed broad consumer privacy laws joining California, Virginia, and Colorado. Connecticut SB 6 and Utah SB 227 are similar to the privacy laws passed by the other states and importantly do not include a private right of action. Utah’s bill will only target large companies. While these laws have passed, The Toy Association is continuing to monitor the rulemaking process for any developments.

Members interested in learning more about The Toy Association’s advocacy initiatives at the state level may contact Jennifer Gibbons, senior vice president of government affairs.