The Toy Association™ submitted comments on June 15 in response to two federal actions with potential implications for toy companies, advocating for practical, risk-based policies that protect consumers while minimizing unnecessary burdens on the industry.

Consumer Product Recall Fraud
As part of a national recall fraud enforcement initiative, the U.S. Consumer Product Safety Commission (CPSC) requested public input on the growing problem of fraudulent recall claims and potential actions to combat them. Recall fraud refers to fraudulent or abusive conduct associated with consumers redeeming recall remedies, including submitting false or misleading information, fraudulent redemptions, or other schemes to abuse recall programs.

In its comments, The Toy Association emphasized that recalls are an important component of the product safety system, helping to protect consumers and remove hazardous products from the marketplace. However, the Association warned that recall fraud is becoming easier to carry out at scale through falsified photos, fabricated documentation, and other deceptive practices, threatening the integrity and effectiveness of corrective action plans.

Fraudulent claims increase costs for companies and distort recall effectiveness metrics, undermining consumer confidence in the recall process. The Association noted that while photographic proof of product destruction or withdrawal has provided convenience for consumers, advances in technology have made such evidence increasingly susceptible to abuse.

Until reliable mechanisms exist to identify fraudulent submissions, The Toy Association recommended that CPSC reconsider the use of photographic proof as a basis for obtaining recall remedies. In its comments, the Association also encouraged greater consumer outreach and education to build awareness and support for returning recalled products or critical components directly to manufacturers.

FCC Testing & Certification Lab Proposal
The Toy Association submitted comments to the Federal Communications Commission (FCC) regarding proposed changes to equipment authorization rules that could affect electronic products incorporating radio control, Wi-Fi, or Bluetooth capabilities.

The proposal would remove FCC recognition from all test laboratories, certification bodies, and accreditation organizations located in countries that do not have mutual recognition or similar trade agreements with the U.S. While primarily impacting testing, inspection and certification organizations, the proposed changes would have significant implications for companies that rely on those facilities to obtain the FCC certification needed to import applicable electronic products into the U.S. marketplace.

In its comments, The Toy Association recognized the FCC’s key role in safeguarding national security and data privacy, while urging FCC to allow sufficient time for affected companies to adapt to the changing requirements as well as recommending alternative actions such as adopting a balanced, risk-based framework rather than a blanket geographic restriction.

The Association suggested that the FCC differentiate high-risk communications and networking equipment from lower-risk consumer electronics, including toys, and apply regulatory requirements proportionately. Such an approach would help avoid supply chain bottlenecks and unnecessary economic impacts while providing time to expand testing capacity in the U.S. and other approved regions.

Members are encouraged to reach out to Jos Huxley, senior vice president of technical affairs at The Toy Association, with any questions.