Toy Association Remains Committed to Legislative & Regulatory Action Through Pandemic

June 2, 2020 | The Toy Association has remained engaged with legislative and regulatory activities at the state, federal, and international levels, while also assisting members with COVID-19-related business issues over the past three months.

“Our team and especially our external affairs professionals have continued to serve double-duty to ensure that critical issues impacting the toy community, both in the U.S. and around the world, are actively monitored and addressed,” said Steve Pasierb, president & CEO at The Toy Association.

There are several key issues that are currently being worked on, ranging from IP protection to toy safety and more. The following provides a brief overview of each issue.

Intellectual Property (IP) Protection

The Toy Association’s IP protection white paper is currently being reviewed and updated by members of the Association’s IP Committee. The next version of “The Real Threat of Fake Toys” will focus on key issues Toy Association members have identified as the top contributory factors to the increase of counterfeits, knockoffs, and otherwise unsafe toys sold online.

Tariffs

The toy industry does not currently face an immediate, direct threat of tariffs on toys imported from China. However, some raw materials, tooling, and other production inputs are being tariffed. Toy Association staff continues to stay engaged on the issue both independently and through its involvement in the Americans for Free Trade coalition.

Children’s Online Safety

The Children’s Advertising Review Unit (CARU) is currently revising its guidelines for children’s advertising. CARU is now in the process of forming work groups within its Supporters Council to examine and discuss specific sections of the most recent draft of proposed revisions. The Toy Association collaborated with its Children’s Online Safety Committee to submit industry comments to CARU, and members and association staff will participate in the work groups.

State Activity

State government action largely halted in the months of March and April due to the pandemic. State legislatures began to reconvene for regular business in May, but it is unlikely that states will be acting on most of the data privacy & security and environmental bills that The Toy Association is tracking. States are, however, beginning to consider the issue of regulating online marketplaces due to the lack of federal action, with bills moving swiftly in California and Louisiana.

In addition, The Toy Association’s Environmental Sustainability Committee has been actively focusing on state Extended Producer Responsibility (EPR) initiatives, which would require manufacturers to finance the costs of recycling or the safe disposal of products consumers no longer want. A work group has been formed, and as a first step will be surveying members on various topics in this space to determine additional priorities and focus areas.

International Activity

The Toy Association continues to actively advocate for industry interests in the international arena (independently, as part of coalitions, and with U.S. government involvement), particularly when countries with key toy markets propose or implement non-aligned standards or other trade barriers. Along with its Toy Industries of Europe (TIE) partners, the Association is advocating for an exemption from the Toy Safety Directive’s ban due to the European Commission’s “delegated regulation” to re-classify titanium dioxide, and helped successfully block a Saudi requirement for the incorporation of oxo-biodegradable additives to plastic toy packaging. The Association is also currently monitoring onerous conformity assessment procedural issues in Brazil and India.

Toy Safety Standards

Throughout the pandemic, The Toy Association’s work on safety standards has continued to move forward. The Association held a webinar in April on the Consumer Product Safety Commission’s revised Age Determination Guidelines, which went into effect June 1. Toy Association staff convened virtually as part of the ASTM F15.22 Subcommittee on Toy Safety to discuss proposed changes to the ASTM F963 Toy Safety Standard and other ASTM standards relevant to toys. The Toy Association was also successful in getting the Environmental Protection Agency to exempt articles containing high-priority chemicals, as well as mixtures containing these chemicals only as contaminants, from TSCA risk evaluation fees and mandatory self-reporting of these uses.

Members are encouraged to participate in one or more of The Toy Association’s advocacy committees. For more information on how to participate and/or sign up for The Toy Association’s weekly advocacy updates, contact Heather Easley, assistant manager of external affairs at The Toy Association.