Appeal Filed Against State of Oregon Regarding Toy Safety Regulations

March 3, 2023 | The Safe to Play Coalition, of which The Toy Association is a member, filed an appeal in federal court in response to a judge’s ruling regarding Oregon’s Toxic-Free Kids Act (TFKA). The lawsuit was originally filed in December 2021 and addressed the coalition’s argument that TFKA directly conflicts with the uniform system of chemical identification and testing already established under federal law.

The judge ruled that Oregon’s TFKA is not in conflict with federal law because it includes a system to recognize federal compliance. The Safe to Play Coalition believes that the expensive and onerous process that Oregon has developed is more burdensome than federal law allows.

The state remains under an order from the judge presiding over the case to notify the coalition about any Oregon-initiated enforcement proceedings relating to the challenged provisions of the TFKA before a final decision is made. It will take 18-24 months for the appeals process to conclude.

The Toy Association will continue to keep members apprised of new developments.

The Safe to Play Coalition is an alliance representing hundreds of U.S.-based sellers of toys and children’s products that meet stringent U.S. safety standards.