State Update: The Toy Association™ Pushes Back on Priority Legislation

June 26, 2023 | While many state legislatures are currently out of session, The Toy Association™ continues to track and push back on more than 400 pieces of priority legislation directly impacting the industry and monitor 1,000+ pieces of legislation throughout the country that might tangentially affect the industry or the supply chain.

“During the legislative off-season, when statehouses may appear quieter without the bustling of hearings and votes, it remains paramount for our team to diligently advocate for our members’ interests and concerns, ensuring their voices are heard and their needs are addressed throughout the year,” said Erin Raden, director of state government affairs at The Toy Association.

Members are advised to take note of the following state issues being monitored:

• The Toy Association is closely monitoring discussions in several states, including Washington, Hawaii, Massachusetts, Maryland, New Jersey, and New York, pertaining to proposed Extended Producer Responsibility (EPR) requirements. Thanks to the active participation of The Toy Association in various coalitions, all of these bills were successfully defeated. However, staff expects these bills to be reintroduced next year and will be working over the interim to continue to improve these proposals and strive for consistency across states. The Association will continue to engage in the rulemaking processes in Oregon, California, Colorado, and Maine where comprehensive packaging EPR laws have already been passed.


• Washington has implemented a new law concerning comprehensive battery EPR, for which the Association worked to adjust language to alleviate burden on manufacturers. Under this law, retailers are prohibited from selling or offering for sale any covered battery or battery-containing product unless the producer of the battery or product certifies their participation in a battery stewardship organization with an approved plan by the Department of Ecology. The Association secured amendment language to ensure that batteries packaged with consumer products are the responsibility of the battery manufacturer.


• The Toy Association’s significant advocacy efforts were responsible for the Pennsylvania legislature introducing a bill to amend the outdated 1961 Stuffed Toy Manufacturing Act earlier this spring. The law currently requires all stuffed toys distributed and sold within Pennsylvania to be manufactured using new, virgin materials. This is a priority issue that will allow for use of recycled materials. Companion bills in the Senate and the House have both passed out of their respective Labor and Industry Committees and are awaiting action by the full Chambers.


• It has been a banner year for data privacy bills and social media regulation, with nine states introducing legislation that runs the gamut from implementing data security measures to protect personal data in Iowa to an outright TikTok ban in Montana. The Toy Association is monitoring the progress of these pieces of legislation and will update members accordingly.

Other issues being monitored across states include additional data privacy rulings; chemical regulation, reporting, and bans; marketing to children; imitation firearms; and e-commerce counterfeit solutions.

For more information on The Toy Association’s advocacy initiatives at the state level or to join the State Government Affairs Committee, contact The Toy Association’s Erin Raden, director of state government affairs.