Indian Institute of Public Administration

Consumer Education Monograph Series No.
18
Suresh Misra
Prateek Gupta
Centre for Consumer Studies

INDIAN INSTITUTE OF PUBLIC ADMINISTRATION
Consumer Education Monograph Series No. 18
TOYS AND SAFETY REGULATIONS
Prof. Suresh Misra

Chair- Professor Consumer Affairs
Dr. Prateek Gupta

Associate Professor
Department of Management Studies
Krishna Institute of Engineering and Technology
Ghaziabad (U.P)

Indian Institute of Public Administration
IP Estate, Ring Road, New Delhi
2015
Rs. 50/-
ISBN : 81-86641-83-1
Sponsored by : Department of Consumer Affairs, Ministry of

Consumer Affairs, Food and Public Distribution, Government of
India.
Published by Centre for Consumer Studies, Indian Institute of

Public Administration, New Delhi.
Printed at New United Process, A-26, Naraina Industrial Area, Ph-II, New Delhi 110028,
Ph. 25709125
PREFACE
Toys are the major companion of the children. They not only play
with them but also learn a lot by using various kinds of toys. The
market is flooded with toys of various kinds which are designed to suit
different category of children and also meet various requirements of the
child in different age groups. At times it’s a dilemma as to what kind of
toys should a parent buy. Today the rising issue is “whether the toys
are safe enough?” Toys may pretence several hazards such as chemical,
physical, mechanical, electrical, flammability, hygiene and radioactivity,
which cannot be overlooked. If toys are not manufactured carefully and
accurately, they risk to release toxic substances or they can break into
smaller pieces that can be accidentally swallowed by the kids or they can
easily burn or have little holes where a child’s finger could fit in. We all
know babies put every single thing they get in their little hands into their
mouth and that includes the lovely, bright and colorful plastic toys we buy.
Many countries have passed safety standards limiting the types of toys
that can be sold. Toy safety is of concern to every parent. Amid reports on
the use of low quality and toxic materials in certain toy brands in the past
few years, parents today stress on the quality of the toys and its impact on
their children.
Here comes the question of safety. Toy safety is the practice of ensuring
that toys, especially those made for children, are safe, usually through
the application of set safety standards. In India also there is a move to
make toys that meet global standards. But a large population lives in rural
areas where toys which are sold are health hazard and injure the child in
one way or the other. Choking is the number one reason for accidents,
but chemicals such as lead can also cause developmental problems like
behavioural disorders and sickness. Exposure to lead can affect almost
every organ and system in the human body, especially the central nervous
system. Lead is especially toxic to the brains of young children.
Indian markets are today flooded with Chinese toys which do not
conform to any quality standards. Who and how should this be regulated? In
many countries, commercial toys must be able to pass safety tests in order
to be sold. It is time that we have a framework to protect the children and
ensure that the toys available in the market are safe.
iv Toys and Safety Regulations
This monograph on ‘Toys and Safety Regulations’ deals with this

issue and cover a gamut of issues that need immediate attention of the
policy makers. It will help various stakeholders to understand the need and
importance of having safe toys and its impact on children. We are sure that
this monograph will be useful to many stakeholders.
We would like to thank Dr. T. Chatterjee, Director, IIPA for his

encouragement and support. We are also thankful to the officials of
Department of Consumer Affairs, Government of India for their support.
Thanks are also due to the Publication Division, IIPA especially Shri Anil
K. Gupta for bringing out this publication in its present form.
New Delhi Suresh Misra

23 November, 2015 Prateek Gupta
TOYS AND SAFTY REGUALTIONS
Introduction
Toys are essential part of child’s early years of life and serve multiple
purposes in child’s development. Toys not only provide entertainment but
also fulfill some educational role by enhancing observational capacity and
stimulate creativity. They play major role in development of physical as
well as mental skills which are necessary in later life.
A toy is an item that can be used to play. Toys are generally used by
children and pets. Playing with toys help kids form a different perspective
about life and the society they live in. Different materials are used to make
toys enjoyable to both young and old. Many items are designed to serve as
toys, but goods produced for other purposes can also be used. For instance,
a small child may pick up a household item and “fly” it through the air as
to pretend that it is an airplane. Another consideration is interactive digital
entertainment. Some toys are produced primarily as collector’s items
and are intended for display only. The origin of toys is prehistoric; dolls
representing infants, animals, and soldiers, as well as representations of
tools used by adults are readily found at archaeological sites. The origin of
the word “toy” is unknown, but it is believed that it was first used in the 14th
century. Toys are mainly made for children.
Toy Safety is the practice of ensuring that toys especially those made
for children, are safe, usually through the application of set safety standards.
In many countries, commercial toys must be able to pass safety tests in order
to be sold. In the U.S., some toys must meet national standards, while other
toys may not have to meet a defined safety standard. In countries where
standards exist, they exist in order to prevent accidents, but there have still
been some high-profile product recalls after such problems have occurred.
The danger is often not due to faulty design; usage and chance both play
a role in injury and death incidents as well. Small toys may be swallowed
by children. Toys stuck in the esophagus are too large to pass through the
stomach and may need to be removed with endoscopes. Common scenarios
include:
• Ingestion of magnetic toys;
• Choking or aspiration due to small parts of the toy;
• Cuts by sharp parts of the toy;
2 Toys and Safety Regulations
• Motor toy vehicles incidents;

• Chemical substance.
Most of the kids and parents usually select toys according to the colours,
features, specifications and pricing without considering safety measures
and environmental hazards. Very small plastic toy could be poisonous to
the small babies every single time they put it into their mouth as it contains
toxic contents. Parents buying branded plastic toys for their children may
be getting high toxic toys which can lead to asthma, lung problems and
reproductive problems in children.
One has to be careful while selecting a toy for the child. Any of these
things can be hazardous to an infant or small child:
• Small parts or loose items • Plastic spheres or beads

• Fur or hair • Long strings
• Projectiles, sharp points • Hinges or links
• Gaps or holes • Weak stitching
• Small removable attachments • Poorly ventilated enclosed
spaces
• Realistic-looking weapons • Attached toy box lids
• Balloons • Button batteries
Many studies, have shown that environmental hazards are produced by

the toxic contents of toys which are mostly made in China. Therefore quality
measures are required to be set and inspected on regular basis. In India
though the Bureau of Indian Standards (BIS) and in USA the Consumer
Product Safety Commission (CPSC) have clearly formulated the standards
relating to toy safety in terms of their physical form and toxicity. Most of
the manufacturers are either not following safety norms or are completely
oblivious of the same.
About Toys
Toys and play, in general, are important when it comes to growing up
and learning about the world around us. The young use toys and play to
discover their identity, help their bodies grow strong, learn cause and effect,
explore relationships, and practice skills they will need as adults. Adults
Toys and Safety Regulations 3
use toys and play to form and strengthen social bonds, teach, remember
and reinforce lessons from their youth, discover their identity, exercise their
minds and bodies, explore relationships, practice skills, and decorate their
living spaces.
With toys comprising such a large and important part of human
existence, it makes sense that the toy industry would have a substantial
economic impact. Sales of toys often increase around holidays where gift-
giving is a tradition. Some of these holidays include Christmas, Easter,
Diwali and occassions like birthdays.
The history of toys corresponds to the history of civilization. It is
interesting to know how some of the Toys and Games have travelled the
course of time, right from the Indus Valley Civilization. The Classic games
like chess, ludo, snakes and ladders, which are played by children across
the world, have their origin in India. Children from all over the world have
enjoyed playing with toys throughout time. Many of our classic toys and
puzzles evolved from what the adults could dream up. The Victorian Era
saw simple toys made up of clay, wood, copper etc.
Wooden toys were also made with cord, rope, string or ribbon. Spinning
tops have been used by cultures throughout history. The traditional turnip
shaped top has reproduced itself in many shapes, colours and designs.
Marbles have been played in all parts of the world for more than two
thousand years. The traditional clay marbles were replaced by the fanciful
and colourful glass marbles. The yo-yo dates back to more than 3,000
years. Today most yo-yos are made of wood or plastic but they have also
been made of gold, silver and animal horn. The omnipresent Ball finds its
origins in ancient Greece as a humble ball made of canvas. Stuffed Dolls
with cotton were played by adult women as well. They acted as a way for
mothers to teach their daughters about how to run a house and domesticity.
The Jigsaw Puzzles dates back to 1760. Till the 1800s, there was really no
toy ‘brand’ since they were made by small toymakers who crafted these
simple toys.
In 8,000 years of civilization, playing has never been a major part of
life. Adults and children were so focused in the life that they never got
time or energy to play. The Industrial Revolution changed their way of life.
People got more free time and wealth than any generations in history. As
a result many toys and games that were created were more imaginative
than ever. The new ‘mantras’ like mechanization, division of labour, mass
production and internationalization changed the world of toys.
The new industrial methods were used to make toys of higher quality
along with new technology. By the 1850s mass-produced mechanical tin-
plated toys became hugely popular in Europe and America and remained so
for a century. The first American patented clockwork tin toy was created by
Enoch Rice in 1862. With the advent of plastic moulding in 1940s’, these
wonderful mechanical tin-plated toys started fading out as they were too
labourious to compete with plastic toys.
There were many toys that came out for the kids to play with, during the
20th century. The 1910 saw the introduction of Construction Sets. The 1930s
got in the Board Games. Lego Blocks followed in the 1940s. The Barbie
Doll dates back to the 1950s. The 1970s wonder toy was the Rubik’s Cube.
The Hot Wheels were first introduced in 1960s followed by G.I. Joe and
He-man. These toys are some of the biggest toys that kids have played with,
until the advent of video games at the turn of 21st century. Today the toys are
mainly based on characters from the popular books, cartoons and movies.
Toymakers have taken several steps to bring out new toys for children to
play with, but often go back to reimaging toys that we grew up with and
modernize them in a way that’s appealing for the kids today. In 2005, toy
sales in the United States totalled about $22.9 billion. Money spent on
children between the ages of eight and twelve alone was approximately
$221 million annually in the U.S. It was estimated that in 2011, 88% of toys’
sales was in the age group 0–11 years. Toy companies change and adapt
their toys to meet the changing demands of children thereby gaining a larger
share of the substantial market. In recent years many toys have become
more complicated with flashing lights and sounds in an effort to appeal to
children raised around television and the internet.
Types of Toys
(a) Construction sets

The Greek philosopher
Plato wrote that “the future
architect should play at
building houses as a child.” A
construction set is a collection
of separate pieces that can
be joined together to create
models. Popular models to be
made include cars, spaceships
and houses. The things that
are built are sometimes used
as toys once completed, but
generally speaking, the object is to build things of one’s own design, and
old models often are broken up and the pieces reused in new models.
The oldest and, perhaps most common construction toy is a set of
simple wooden blocks, which are often painted in bright colors and given
to babies and toddlers. Construction sets such as Lego bricks and Lincoln
Logs are designed for slightly older children and have been quite popular
in the last century. Construction sets appeal to children (and adults) who
like to work with their hands, puzzle solvers, and imaginative sorts.
Some other examples include Bayko, Konstruk-Tubes, K’NEX, Erector
Sets, Tinkertoys, and Meccano, and generic construction toys such as
Neodymium magnet toys.
(b) Dolls and miniatures

A doll is a model of a human
(often a baby), a humanoid (like
Bert and Ernie), or an animal.
Modern dolls are often made of
cloth or plastic. Other materials
that are, or have been, used in
the manufacture of dolls include
cornhusks, bone, stone, wood,
porcelain (sometimes called
china), bisque, celluloid, wax,
and even apples. Dolls have been found in Egyptian tombs which date to
as early as 2000 BC. Dolls are usually miniatures, but baby dolls may be of
true size and weight. A doll or stuffed animal of soft material is sometimes
called a plush toy or plushie. A popular toy of this type is the Teddy Bear.
A distinction is often made between
dolls and action figures, which are
generally of plastic or semi-metallic
construction and poseable to some
extent, and often are merchandising
from television shows or films which
feature the characters. Modern action
figures, such as Action Man, are often
marketed towards boys, whereas dolls
are often marketed towards girls.
Toy soldiers, perhaps a precursor to modern action figures, have been a
popular toy for centuries. They allow children to act out battles, often with
toy military equipment and a castle or fort. Miniature animal figures are also
widespread, with children perhaps acting out farm activities with animals
and equipment centred around a toy farm.
(c) Vehicles
Children have played with
miniature versions of vehicles
since ancient times, with
toy two-wheeled carts being
depicted on ancient Greek
vases. Wind-up toys have also played a part in the advancement of toy
vehicles. Modern equivalents include toy cars such as those produced by
Matchbox or Hot Wheels, miniature aircraft, toy boats, military vehicles,
and trains. Examples of the latter range from wooden sets for younger
children such as BRIO to more complicated realistic train models like those
produced by Lionel, Doepke and Hornby. Larger die-cast vehicles, 1:18
scale, have become popular toys; these vehicles are produced with a great
attention to detail.
(d) Puzzles
A puzzle is a problem or enigma that challenges ingenuity. Solutions
to puzzle may require recognizing patterns and creating a particular order.
People with a high inductive reasoning

aptitude may be better at solving these
puzzles than others. Puzzles based on
the process of inquiry and discovery
to complete may be solved faster by
those with good deduction skills.
A popular puzzle toy is the Rubik’s
Cube, invented by Hungarian Ernő
Rubik in 1974. Popularized in the
1980s, solving the cube requires planning and problem-solving skills and
involves algorithms. There are many different types of puzzles, for example,
a maze is a type of tour puzzle. Other categories include: construction
puzzles, stick puzzles, tiling puzzles, transport puzzles, disentanglement
puzzles, sliding puzzles, logic puzzles, picture puzzles, lock puzzles and
mechanical puzzles.
(e) Collectibles
Some toys, such as Beanie Babies,
attract large numbers of enthusiasts,
eventually becoming collectibles. Other
toys, such as Boyds Bears are marketed
to adults as collectibles. Some people
spend large sum of money in an effort
to acquire larger and more complete
collections.
(f) Promotional merchandise

Many successful films, television programs, books and sport teams
have official merchandise, which often includes related toys. Some notable
examples are Star Wars (a science fiction film series) and Arsenal, an
English football club. Promotional toys can fall into any of the other toy
categories; for example they can be dolls or action figures based on the
characters of movies or professional athletes, or they can be balls, yo-yos,
and lunch boxes with logos on them. Sometimes they are given away for
free as a form of advertising. Model aircraft are often toys that are used
by airlines to promote their brand, just as toy cars and trucks and model
trains are used by trucking, railroad and other companies as well. Many
food manufacturers run promotions where a toy is included with the main
product as a prize. Toys are also used as premiums, where consumers
redeem proofs of purchase from a product and pay shipping and handling
fees to get the toy. Some people go to great lengths to collect these sorts of
promotional toys.
(g) Digital toys

Digital toys are toys that incorporate some form of interactive digital
technology. Examples of digital toys include virtual pets and handheld
electronic games. Among the earliest digital toys are Mattel Auto Race
and the Little Professor, both released in 1976. The concept of using
technology in a way that bridges the digital with the physical world,
providing unique interactive experiences for the user has also been
referred to as “Phygital.”
(h) Physical activity

A great many toys are part
of active play. These include
traditional toys such as hoops,
tops, jump ropes and balls, as
well as more modern toys like
Frisbees, foot bags, astrojax,
and Myachi. Playing with these
sorts of toys allows children to
exercise, building strong bones
and muscles and aiding in
physical fitness. Throwing and
catching balls and fribees can improve hand-eye coordination. Jumping
rope, (also known as skipping) and playing with foot bags can improve
balance.
Toy Industry in India

Indian Toy Industry is fragmented and region based but is largely
unorganized as the market is very small compared to the population and per
capita income. The toy business is generally based on constant innovation
and one needs to always be abreast with the changing tastes of the customers
to produce new innovative toys for survival in the market. Since the last
four or five years the Indian Toy Industry has shown a healthy growth rate.
The market is growing at 15% to 20% per annum, which is a sound situation
and it is further estimated to grow for at least five or six years.
Indian Toy industry is characterized by small-scale establishments and is

highly labour intensive. There are approximately 2000 manufacturing units
consisting of MICRO (1500 units in cottage sector) SMALL & MEDIUM
(450 units) and LARGE (about 20) units operating in the sector. Large MNCs
like Funskool have manufacturing facility in Tamil Nadu and Goa; Mattel and
Lego have their presence in India with direct Imports. India produces a wide
range of Toys viz, plastic and mechanical, soft / plush dolls and animals, board
games, puzzles, educational games, metal and tin, wood, Battery operated
pullback toys etc. With the increase in the availability of toys and games in
the market and also the personal disposable income, the average household
spending on toys and games has been progressively increasing in India. As
a labour intensive sector, Toy manufacturing offers tremendous employment
opportunities as compared to other sectors. 70% of the soft toys assembly
line manufacturing workforce consists of women from weaker sections of the
society. It is estimated that work force of approximately 2 million is engaged
in different operations of the Toy Industry. Global toy retail business has risen
by 150% during the last one and a half decade i.e. from US $ 36 Billion in
1990 to US $ 95 Billion in 2006.
Table 1.1: Toy Industry in India
Size of the Indian Toy Industry’s market size is about Rs. 1000
Industry Crores where 10% constitutes of organized sectors and
90% constitutes of unorganized sector.
Geographical Mumbai, Kolkata, Chennai, Bangalore, Punjab, etc.
distribution
Output per annum Indian Toy Industry is estimated at Rs.800-Rs.1000/-
crores which is dominated by approximately 1250 small
and very small producers scattered across the country.
Percentage In Until now it has generated only 0.5 percent of the global
World Market market
• General information
i. Sales of the traditional toys and games industry in India grew about
10.3 % from 21,347.3 million INR (353,257 million USD) in 2011 to
23,542.9 million INR (389,575 million USD) in 2012.
ii. The Indian toy industry is one of the fastest growing in the world with
a lot of potential. Until 2017 the industry is expected to grow about
13.1% to 26,618.8 million INR (440,477 million USD).
iii. Key factors for the growth of the toy industry are the growing middle
class with rising income, the decline in the average number of children
per family and the increased attention to quality and premium toys.
iv. The infant category is the most promising segment within the industry
with an expected average annual growth rate of 8.7 % until 2017.
Toys sales channels

• A significant percentage of Indian consumers buy cheap, unbranded
toys and games from non-grocery retailers. However, the shares in
overall retailing by non-grocery retailers have decreased which is good
news for branded outlets.
• Branded outlets and the opening of international chains like for example
Hamleys saw a significant growth within the last years. This segment
will even grow stronger in the next years especially in the main cities
like Mumbai or Delhi.
• Internet retailing is becoming more and more important distribution
channel due to several reasons. Consumers have increasing access to
the internet and online retailers often have better merchandise in terms
of variety, new launches and the offer of branded toys. The share of
internet retailing in sales grew from 1 % in 2007 up to 18 % by 2012.
• Generally the retail toy market is divided in the organized and
unorganized part. The organized part represents about one-third and
means mainly toy specialty and branded stores in the large cities. The
unorganized part takes the rests and consists mainly of so called Mom-
and Popshops, also known as “Kirana” stores.
15.4
13.1 12.8
11.9 11.9
8.5
6.1
4.5 4
2.3 2.3 2.1
0.9 0.5 0.4
Model Vehicles
Pre-School
Games and Puzzles
Accessories
Plush Toys
Radio/Remote
Infant Toys
Outdoor and Sports
Arts and Crafts
Construction Toys
Baby
Ride-On Vehicles
Action Figures and
Dressing-Up and
Scientfic/Educational
Control Toys
Dolls and
Accessories
Role Play
Toys
Toys
Figure 1.1: Category sales share of Toys in percent

• Segments of the Indian toy market

There are five main categories which dominate the current toys and
games market which are dolls and plush toys, pre-school articles,
games and puzzles as well as model vehicles. Especially the baby,
infant and preschool-category has seen strong growth rates in the
last year (15.7%, 20.5% and 18.9% respectively) and will grow even
further in the upcoming years. Among the local manufacturers in India
about 59% are still focusing on the production of cheap and unbranded
toys which appeal to the price-sensitive Indian consumers. With the
growing middle-class and the rising demand of branded and premium
toys more and more especially international companies are gaining
the market with quality toys. This leads to higher value shares in this
sector and pushes back the unbranded sector. In the future it is expected
that these companies will shift towards branded toys as well to stay
compatible.
Indian Toy Market Consumers

• The largest group of consumers in the Indian toy industry are the pre-
teenagers in the age between 7 and 12.
• They are generating 44% of value sales. In this age they are major
decision influencers and through their media consumption get aware of
the product variety.
• In India there are hardly any toys for the target group adults.
• Indian consumers are really price-sensitive and tend to buy impulse-
driven. Because of that, toys with a low price point up to 199 INR (3.30
USD) account for the majority of sales with 46 % share. This fits with
the focus on unbranded toys many Indian manufacturers have.
• Independent small neighborhood retail stores are among the favourite
stores for Indians to shop.
• The major shopping period of toys is during Diwali (every year in
autumn), the traditional Hindu festival of lights where it is common
to buy presents for family and close friends, and Raksha Bandhan, a
festival where presents are exchanged between brothers and sisters.
• If someone receives a gift in India, traditionally this person also gives a
gift back, which of course boosts sales.
Key Trends of the Indian toy market

• Growing demand of licensing toys driven by manufacturers who have
access to and knowledge of toys and games in the US and Europe are
adapting this to India.
• Internet retailing is gaining more and more value share due to increasing
internet penetration and the better merchandise in terms of variety and
new launches.
• Changing demographic situation is resulting in parents spending more
on toys and games and focusing more on qualitative and premium
products.
• Foreign players will continue to lead branded toys and games driven
by multinational corporations and their huge efforts to increase their
presence in India.
Latest developments
• A report by India’s National Productivity Council suggests and
gives emphasis that the country’s toy-manufacturing industry is still
in the nascent stages of development and will need more support
from the government to upgrade its technologies and research and
development facilities.
• In 2006 the toy retail business has risen by 150 % globally over the
last one and a half decades - to USD 95 billion.
• Toy Association of India’s study shows that the share of local
manufacturers in the domestic market has gone down to around 60%
from over 90% five years ago, although the market has been growing
by 20% a year. This has forced several local manufacturers to stop
production and import of Chinese toys.
• Today India faces big challenges majorly from unorganized sector
which contributes over about 70% of the total toy demand out of
which stuffed toys account for 15%.
• Indian Toy Industry is heralding the inclusion of a new label. My
Baby Excels, which began its operations recently is the sister
concern of Excel Home Videos and Excel Interactive. Excel Home
Videos are the largest home entertainment company in the English
movie category.
• The Indian Home Entertainment has the licensee for Walt Disney
Studios, Twentieth Century Fox, MGM, HIT Entertainment,
Shringar and Merchant Ivory Productions among others while
Excel Interactive is a leading gaming company which markets and
distributes games from world leaders like Electronic Arts (EA) and
Disney Interactive Studio.
• Import statistics for toys in India

The statistics on import of toys (HS codes 9503, 9504 and 9505) in India
over the period 2010-11 till 2012-13 and 1st quarter of year 2013-14
(April-June, 2013) have been provided at Table 1.2 that clearly shows
that China is the major source for imported toys in India with almost 75
percent share. The data also shows that the imports of toys in India is
expected to reach a level of approx Rs 2000 crores during year 2013-14
thereby increasing @ 21 percent from 2012-13.
Table 1.2: Import of Toys in India from Major Countries of the world
S. Year Total import of toys (HS Code Major Countries of

No. 9503, 9504 & 9505) in Rs. Crores imports (% share)
1 2010-11 924 China (72)

USA (7)
Taiwan (6)
2 2011-12 1318 China (76)

USA (5)
Taiwan (3)
3 2012-13 1634 China (74)

USA (7)
Italy (4)
4 2013-14 495 (projected at Rs 2000 crores China (74)

(April-June, for entire year) USA (7)
2013) Italy (4)
• Export statistics for toys from India and major destinations

The statistics on export of toys (HS codes 9503,9504 and 9505) from
India over the period 2010-11 till 2012-13 and 1st quarter of year 2013-
14 ( April-June,2013) have been provided at Table 1.3 that clearly show
that USA, UK, UAE are the major destinations. It is expected that the
total export of toys from India shall reach a level of approx Rs 400
crores during the year 2013-14 and will increase by 14 percent from
2012-13.
Table 1.3: Export of Toys from India and major destinations
S. Year Total export of toys (HS Code Major Countries of

No. 9503, 9504 & 9505) in Rs. Crores. exports (% share)
1 2010-11 162 UK(22)

USA(25)
UAE(5)
2 2011-12 233 UK(10)

USA(26)
UAE(6)
3 2012-13 337 UK(12)

USA(31)
UAE(5)
4 2013-14 96 (projected at Rs 400 crores for UK(12)

(April-June, entire year) USA(31)
2013) UAE(5)
Toys’ Quality, Standards and Regulation

Today the rising issue is “whether the toys are safe enough?” Toys
may pretence several hazards such as Chemical, Physical and Mechanical,
Electrical, Flammability, Hygiene and Radioactivity, which can not be
overlooked. For example, if toys are not manufactured carefully and
accurately, they risk to release toxic substances (chemical hazard), they can
break into smaller pieces that can be accidentally swallowed by the kids
(physical and mechanical hazard), or they can easily burn (flammability
hazard), or have little holes where a child’s finger could fit in, just to make
some examples. We all know babies put every single thing they get in
their little hands into their mouth and that include the lovely, bright and
colorful plastic toys we buy. Many countries have passed safety standards
limiting the types of toys that can be sold. Most of these seek to limit
potential hazards. Children, especially very small ones, often put toys into
their mouths, so the materials used to make a toy are regulated to prevent
Table 1.4: Strengths, Weaknesses, Opportunities and Threats (SWOT)

Analysis of Indian Toy Industry
A) Strengths B) Weaknesses
(Reliability and resources) (Technology and variety in the market)
• Indian toys manufacturing • Mostly small scale and micro

industry is quite old. level units are toys manufacturing
• Focusing on Educational toys. enterprises.
• Growing large domestic • Low Volume of Production.

market. • Lack of Research and
• Wide range and varieties of toys Development facilities (almost
in plastics and cardboard. negligible).
• Availability of skilled and • Uneven Technical knowledge.

cheapest manpower. • Focusing only over sales, absence
• Growing confidence in the of focus on export.
Indian toy industry. • Do not bother about Quality
• Easy availability of most of the parameters and standards.
raw materials. • Unable to compete in terms of
• Effective coordination among features and specifications.
TAI, TAITMA and SGEPC. • Comparatively higher cost of
• Emerging Market for toys. funds.
• Government support for • Do not focus on Brand Building,

obtaining finance. Advertising and Promotion.
• Less overhead costs. • Lack of innovation,

conceptualization and designing
• Manufacturing industry set-up skills.
and association.
• Unavailability of trained field
• Support from MSME for toys specific skilled manpower.
manufacturing.
• High cost of the raw material
• Know requirements of Indian leads to higher cost of production
children. of plastic toys.
• Unable to manufacture electronic
toys and video games of world
class level.
C) Opportunities D) Threats
(New market) (Wide variety and competition)
• Good buying capacity of parents. • The uninspected inflow of
• High Demand from children. imported inferior quality and
unsafe Chinese toys in India.
• Toys are demanded on each and
every occasion. • Competition from international
players as they also started
• Well developed market in manufacturing operations and
domestic as well as overseas. trading in India.
• Good support of MSME to go for • Most of the major raw materials
‘Make’ decisions. are not available in India which
• Government support towards leads to dependency on other
‘Make in India’. markets.
• Opening of Play schools creates • China and other countries’
demand for education in a play traders capturing the Indian toy
way method. market.
• The Export market for toys is • The rising wages for skilled
currently untapped by Indian manpower.
toys. • High Technology and designing
• The Chinese toys manufacturing used by foreign manufacturers.
industry is under pressure. • No focus over safety and quality
• Increasing role of NID and standards based on international
MSME. market requirements.
• Access to online market channels • Quite far away from international
for toys. market in terms of electronic
toys and video games.
• Double import duty on raw
materials.
poisoning. In India though the Bureau of Indian Standards (BIS) has clearly
formulated the standards relating to toy safety in terms of their physical
form and toxicity, most of the manufacturers are either not following safety
norms or are completely oblivious of the same.
Toy Standards International and National

Technical standards and legislations in the toy field have been written
with the aim of avoiding different types of hazards a toy may cause, taking
into account the foreseeable use of the toys, and bearing in mind the
behaviour of children. As an example, the following Indian Standards (IS)
address to some specific hazards that a toy may present: IS 9873- Safety
Requirements for Toys -Part 1 : Safety Aspects related to Mechanical and
Physical Properties, Part 2: Flammability, Part 3 : Migration of certain
elements. However, unlike the rest of the world, in India these standards
are not mandatory for the toys manufacturers but are voluntary. This in fact
imposes added responsibility on the manufacturers to ensure that the toys
manufactured by them are safe for the children.
Safety Standards
Distinction must be drawn between regulations and voluntary safety
standards. Many regions have modelled their safety standards on the
EU’s EN 71 standard, either directly, or through adoption of the ISO 8124
standard which itself is modelled on EN 71.
Regional Standard(s) and Regulations

• International ISO 8124-1:2000 Safety aspects relating to mechanical
and physical properties
• ISO 8124-2: 1994 Flammability
• ISO 8124-3: 1997 Migration of certain elements
• ISO 8098:1989 Cycles – safety requirements for bicycles for young
children
Argentina Instituto Argentino de Racionalization de Materials 3583:

• Parte 1: 1986 Seguridad de los juguetes, marcado, rotulasdo y embalaje
• Parte 2: 1988 Propiedades mecanicas y fisicas
• Parte 3: 1988 Inflammabilidad
• Parte 4: 1991 Requisitos toxicologicos
• Parte 5:1996 Juegos de experimentos quimicos y actividades
relacionadas
Australia AS/NZS ISO 8124.1-2002 Safety of toys (safety requirements)

Part 1: Mechanical and physical property requirements
• AS/NZS ISO 8124 2-2003 Safety of toys (safety requirements) Part 2:
Flammability requirements
• AS/NZS ISO 8124.3-2003 Safety of toys (safety requirements) Part 3:

Migration of certain elements requirements
• AS 8124.4-2003 Safety of toys: (safety requirements) Part 4:
Experimental sets for chemistry requirements
• AS 8124.5-2003 Safety of toys (safety requirements) Part 5: Chemical
requirements
• AS 8124.7-2003 Safety of toys - finger paints - requirements and test
methods
Brazil ABNT (Brazilian Association of Technical Standards)

• NBR 11786/1998 - Toy Safety
Canada Technical Standards Safety Act and Upholstered and Stuffed

Articles Regulation
• Hazardous Products Act R.S. c. H-3
• Hazardous Products (Toys) Regulations C.R.C., c. 931
• Hazardous Products (Pacifiers) Regulations: “Knob-Like” Pacifiers
Policy
• Regulations Respecting the Advertising, Sale and Importation of
Hazardous Products (Pacifiers) under Hazardous Products Act
• A Guide to Safety Requirements for Toys
• Toys: Age Classification Guidelines
China ISO 8124.1:2002 Safety of Toys - Safety aspects related to

mechanical and physical properties
• GB 9832-93 Safety and Quality of Sewn, Plush and Cloth Toys
• GB 5296.5-96 Labeling and Instructions for Toys
European Union
• EN 71-1:2014 Safety of toys - Part 1: Mechanical and physical
properties
• EN 71-2:2011 Safety of toys - Part 2: Flammability
• EN 71-3:2013 Safety of toys - Part 3: Migration of certain elements

• EN 71-4:2013 Safety of toys - Part 4: Experimental sets for chemistry
and related activities
• EN 71-5:2013 Safety of toys - Part 5: Chemical toys (sets) other than
experimental sets
• EN 71-8:2011 Safety of toys - Part 8: Activity toys for domestic use
• EN 71-12:2013 Safety of toys - Part 12: N-Nitrosamines and
N-nitrosatable substances
• EN 62115:2005 Safety of electric toys
• Council Directive (88/378/EEC) Approximation of the laws of the
member states concerning the safety of toys
• Council Directive (2009/48/EC) on the Safety of Toys
• Council Directive (87/357/EEC) Dangerous imitations directive
• Council Directive (93/68/EEC) Rules for the affixing and use of the CE
conformity marking
Hong Kong Toys and Children’s Products Safety Regulation (in

compliance with ASTM F963, ICTI or EN-71)
Jamaica JS 90:1983 Jamaican Standard Specification for Safety of toys
and playthings
Japan Japan Toy Safety Standard, ST2012[8]
Part 1—Mechanical and Physical Properties (revised to align with ISO
8124-1) Part 2—Flammability (revised to align with ISO 8124-2) Part 3—
Chemical Properties
Malaysia Safety of Toys

• MS EN71 Part 1:1995 (P) Mechanical and Physical Properties
• MS ISO 8124-2:1999 Flammability
• MS EN71 Part 3: 1998 Migration of Certain Elements
• MS EN71 Part 4:1998 Experimental Sets for Chemistry and Related
Activities
• MS EN71 Part 5: 1998 Chemical Toys (Sets) Other than Experimental

Sets
Mexico NOM 015/10-SCFI/SSA-1994

• Toy Safety and Commercial Information - Toy and School Material
Safety. Limits on the Bioavailability of Metals used on Articles with
Paints and Dyes. Chemical Specifications and Test Methods.
New Zealand AS/NZS ISO 8124.1:2002 Safety of Toys - Safety aspects

related to mechanical and physical properties (ISO 8124.1:2000,
MOD)
• AS/NZS ISO 8124.2:2003 Safety of toys - Flammability (ISO 8124.2:
1994, MOD)
• AS/NZS ISO 8124.3:2003 Safety of toys - Migration of certain elements
Saudi Arabia SSA 765-1994 Playground Equipment Part I: General

Safety Requirements
• SSA 1063-1994
• Toys and General Safety Requirements
• SSA 1064-1995 Method of Testing Part 1: Mechanical and Chemical
Tests
• SSA 1065-1995 Method of Testing Toys Part 2: Flammability
• SSA 1322-1997 Low Power Radio Frequency Devices
Singapore Safety of Toys:

• SS 474 PT. 1:2000 Part 1: Mechanical and Physical Properties
• SS 474 PT. 2: 2000 Part 2: Flammability
• SS 474 PT. 3: 2000 Part 3: Migration of Certain Elements
• SS 474 PT. 4: 2000 Part 4: Experimental Sets for Chemistry and Related
Activities
• SS 474 PT. 5: 2000 Part 5: Chemical Toys (sets) other than Experimental
Sets
• SS 474 PT. 6: 2000 Part 6: Graphical Symbol for Age Warning labelling
South Africa SABS ISO 8124-1:2000 Safety of Toys - Part 1: Safety

Aspects Related to Mechanical and Physical Properties
• SABS ISO 8124-2:1994 Flammability
• SABS ISO 8124-3:1997 Migration of Certain Elements
Taiwan Central National Standard CNS 4797, 4798 Toy Safety

Standard
• Central National Standard CNS 12940 for Strollers and Carriages
• Toy Goods Labeling Criteria
Thailand Thai Industrial Standard for Toys TIS 685-2540 Part 1:

General Requirements (1997) Compulsory Standard.
• Part 2: Packages and Labeling (1997)
• Part 3: Methods of Test and Analysis(1997)
United States Mandatory Toy Safety Standard:

• Code of Federal Regulations, Commercial Practices 16, Part 1000 to
End (16CFR)
• Title 15 -Commerce and Foreign Trade Chapter XI - Technology
Administration, Department of Commerce Part 1150 - Marking of Toy,
Look-alike and Imitation Firearms
• U.S. Consumer Product Safety Commission Engineering Test Manual
for Rattles
• U.S. Consumer Product Safety Commission Engineering Test Manual
for Pacifiers
• U.S. Consumer Product Safety Commission Labeling Requirements for
Art Materials Presenting Chronic Hazards (LHAMA)
• U.S. Child Safety Protection Act, Small Parts Hazard Warning Rule and
Rules for Reporting Choking Incidents
• Age Determination Guidelines: Relating Children’s Ages to Toy
Characteristics and Play Behavior (September 2002)
• ASTM F963-07 Standard Consumer Safety Specification on Toy Safety
(effective February 2009)
• ASTM F963-08 Standard Consumer Safety Specification on Toy

Safety
Voluntary Toy Safety Standard:

• ASTM F963-07e1 Standard Consumer Safety Specification on Toy
Safety
• ASTM F734-84 (89/94) Standard Consumer Safety Specification for
Toy Chests
• ASTM F1148-97a Standard Consumer Safety Specification for Home
Playground Equipment
• ASTM F1313-90 Standard Specification for Volatile N-Nitrosamine
Levels in Rubber Nipples on Pacifiers
• ANSI Z315.1-1996 American National Standard for Tricycles - Safety
Requirements
• ANSI/UL 696, Ninth Edition Standard for Safety Electric Toys
In Europe toys must meet the criteria set by the EC Toy Safety
Directive (essentially that a toy be safe, which may be addressed by testing
to European Standard EN71) in order for them to carry the CE mark. All
European Union member states have transposed this directive into law -
for example, the UK’s Toy (Safety) Regulations, 1995. Trading Standards
Officers in the UK, similarly to appropriate authorities in the other EU
member states, have the power to immediately demand the withdrawal of a
toy product from sale on safety grounds via the RAPEX recall notification
system (used for all products subject to European safety legislation). In
Canada the government department Health Canada has the responsibility of
ensuring product safety, just as the Consumer Product Safety Commission
(CPSC) does in the United States. Australian and New Zealand toy safety
standards (following the approximate model of the European Toy Safety
Standard) have been adopted by the ISO as International Standard ISO
8124. Toy safety standards are continually updated and modified as the
understanding of risks increases and new products are developed.
United States Regulations

In August 2008, the Consumer Product Safety Improvement Act
(CPSIA) was passed. Some observers are of the opinion that this new
law imposes the toughest toy-making standard in the world. The CPSIA
restricts the amount of lead and phthalates that may be contained in

children’s products (age 12 and under) and adopts the provisions of the
ASTM Consumer Safety Specifications for Toy Safety (ASTM F963-11) as
the requirements of the CPSC.
In 2012 the US state of Minnesota introduced its own legislation that
requires reporting information on a list of priority chemicals found in
children’s products and sold in the state. This law demands all manufacturers
of toys to provide the state of Minnesota with a report if their children’s
products contain any of the priority chemicals such as Bisphenol A,
Formaldehyde, lead or cadmium.
European Regulations
In Europe, the comprehensive legislation addressing toy safety is the Toy
Safety Directive of the European Union (EU), (Council Directive 88/378/
EEC). This directive is a list of requirements toys must comply with, and is
interpreted in the laws of each member state of the EU in their respective
Toy Safety Regulations (e.g. the UK’s Toys (Safety) Regulations, 1995).
This directive has been superseded by Council Directive 2009/48/ECwhich
will apply to toy imports into or toys produced within the EU as of 20 July
2011 except for the chemical requirements of Annex II which apply as of
20 July 2013. During these periods the corresponding requirements of the
previous directive will continue to apply. Compliance with both directives
leads to a CE Mark, which is a mandatory requirement denoting conformity
with all applicable directives. Some items specifically excluded from this
legislation are: fashion jewellery for children, Christmas decorations, and
sports equipment. Official guidance on the classification of toys in the EU
has been provided by the EU Commission. Where products are not classified
as toys they will still be governed by the General Product Safety Directive.
The toy safety directive provides for harmonised EU-wide standards on
physical and mechanical properties, flammability, chemical properties and
electrical properties but certain essential safety aspects of the directives
are not governed by safety standards e.g. hygiene and radioactivity. The
Toys Safety Directive (and subsequent Member State regulations) also calls
for the closest applicable national or international standards to be applied
where a standard is not specified in the Directive. This interpretive clause is
present to ensure that new and innovative toys are safe before being placed
in the market.
The EN71 Toy Safety Standard has been harmonised by the EC as the
default standard which toys must meet. If a toy is found to be unsafe (by
breaching one of the specified standards, or by a manifest risk of injury

not specified in standards) then the producer (the manufacturer, or the first
importer into the EU of the product unit in question) is held to be guilty
of an offence under the Toys (Safety) Regulations (or equivalent EU
state law). The principle of due diligence (whereby the producer argues
that all reasonable steps were taken to ensure the safety of the consumer
with regards to the toy) may be used (in the UK) by the producer to avoid
prosecution, fines and possible imprisonment. The unsafe toy is withdrawn
from the EU market, with all member states’ authorities being notified by
means of the RAPEX alert system.
The new Toy Safety Directive 2009/48/EC (TSD) require a series of
safety assessments, including the Chemical Safety Assessment (CSA). If
the non-chemical requirements were already enforced in July 2011, the
chemical requirements are to be enforced first on 20 July 2013. In 2009, the
European Union adopted the new Toy Safety Directive 2009/48/EC (TSD).
The Comité Européen de Normalisation or CEN wrote these standards in
order for them to be harmonized under the Toy Safety Directive. Official
EU Guidance on the interpretation of the Toy Safety Directive 2009/48/EC
exists and although non-binding, it has been agreed by a majority of EU
Member States.
Chinese Regulations
China’s toy industry has been regulated since early 2007 by the
expansion of the nation’s compulsory certification system to include toy
products. Regulations require a manufacturer to apply for China Compulsory
Certification (CCC) from the nation’s Certification and Accreditation
Administration (CNCA). From March 1, toy producers in China have been
able to apply to three certification agencies nominated by the CNCA to
certify their products. Toys are subject to inspection and certification review.
Since June 1, 2007, no toy product without CCC has been allowed to leave
factories, sold or be imported into China. It is hoped this measure will
mitigate the increasing international pressure on environmental protection,
as well as further expand the nation’s toy export market. This increase in
scrutiny was introduced before the 2007 Chinese export recalls.
Safety Testing
The EU Commission expert group on toy safety regularly publishes
a large number of guidance documents intended to help on interpretation
issues related to the Toy Safety Directive. Toy manufacturers need stay
abreast of regulatory changes and be sure that their products comply with
the new requirements.
Therefore, it is vital to perform tests and risk assessments for every
product before selling them in the designated market. This is important
for every manufacturer as they can be held liable for injuries and fatalities
resulting from design flaws, use of unsuitable materials, and substandard
production.
The following safety tests are performed;
• Mechanical/physical testing;
• Flammability testing;
• Electrical safety testing;
• Labeling;
• Chemical testing.
Product safety/risk assessment (also known as product hazard analysis)
can identify potential hazards and provide solutions early in the product
life cycle to prevent products becoming stalled in production or recalled
once they are released into the market. During risk assessments for toys
possible hazards and potential exposure are analyzed. Additionally the
manufacturing of the toys will be controlled to ensure safety and quality
throughout production.
The new European standard EN 71-4:2013 was published in 2013. It
replaces and updates the 2009 version of the same standard since the latter
and newest has been harmonized under the EU Toy Safety Directive. The
new method is a reference test method regulating chemicals in toys and
juvenile products. This gives a new test method for ‘Experimental sets for
chemistry and related activities’ under the toy safety EN 71 series.
Toy Standards in the E.U.

In Europe, the New EU Toy Safety Directive (2009/48/EC), which
replace the previous Directive 88/378/EEC, was published in the Official
Journal of the European Union (OJEU) and entered into force on 20 July
2009. The general provisions of the new Directive are applicable to toys
placed in the EU market as of 20 July 2011, while the chemical provisions
have been made applicable to toys placed in the market as of 20 July 2013
(additional 2-year transition period for chemical properties).
The new Toy Safety Directive 2009/48/EC (TSD) substantially

strengthens EU provisions on toy safety, ensuring continued and the
highest levels of protection for children. TSD has been written with the
above mentioned aim, taking into account that technological developments
in the toys market have raised new issues with respect to the safety of toys
and have escalated the level of consumer concerns. TSD improves the
existing rules for the marketing of toys that are produced in or imported
into the EU, aiming to reduce toy related accidents and assure consumers
that toys sold in the EU fulfil the highest safety requirements, and do not
present any health hazards or risk of injury.
TSD also increases the powers available to Member States’ market
surveillance authorities to check that products on the market meet the
required safety standards. Member States must ensure that authorities
perform adequate checks both at the EU external borders and within the EU
itself, to ensure the immediate confiscation of dangerous toys.
Obligations of the Toy Manufacturers

TSD has increased the obligations of manufacturers. Independent
from the fact whether it is located in EU or outside EU, they are the main
responsible patrons for the safety of toys. The obligations of manufacturers
include the new need to carry out a “safety assessment” before placing a
toy on the market. This consists of an analysis of the chemical, physical,
mechanical, electrical, flammability, hygiene and radioactivity hazards that
the toy may present, as well as an assessment of the potential exposure to
such hazards.
Among others obligations, the manufacturer is also responsible to draw
up the required technical documentation, draw up an EC declaration of
conformity, affix the CE marking and ensure traceability of their toys.
CE Marking
Toys cannot be placed on the European market if they don’t bear the
CE marking. The CE marking symbolizes the conformity of the toy with the
TSD requirements but also with all directives. The CE mark can be affixed
only at the end of the appropriate conformity assessment procedures. CE
marking should be affixed visibly, legibly and indelibly on the toy, to an
affixed label or to the packaging.
New Chemical Requirements:

While requirements regarding physical and mechanical properties,
flammability, hygiene and radioactivity are applicable since July 2011, new
chemical requirements under TSD have been enforced from 20 July 2013.
The new standards that are used to assess the compliance of the toy with the
requirements as per the Directive are:
• EN 71-3 - Migration of certain elements
• EN 71-4 - Experimental sets for chemistry and related activities
• EN 71-5 - Chemical toys (sets) other than experimental sets
• EN 71-7 - Finger paints
• EN 71-12 - N-Nitrosamines and N-nitrosatable substances
• EN 71-13 - Olfactory board games, cosmetic kits and gustative games
i. TSD and new standards have strengthened a lot of requirements for the
chemical aspect in toys.
ii. New Toy Safety Directive 2009/48/EC now restricts 19 toxic elements,
which is an addition of 11 elements compared to the old requirement.
iii. Furthermore, new reduced limits have been established for different
types of toy materials.
iv. There are also several other new chemical requirements and restrictions
under the New Toy Safety Directive which include CMR chemicals
(carcinogenic, mutagenic and/or toxic to reproduction), allergenic
fragrances, nitrosamines and nitrosatable levels. All of these new
requirements and restrictions have been put in force from July 20, 2013.
v. A higher level of awareness and precautionary measures, with respect
to toys, can help us put a cap on the increasing child related accidents
that are occurring across the globe due to toys. Ensuring toys safety will
render a child’s world more fun and carefree.
vi. If it is our object to make the Indian Toy Industry as one of the leading
Industries of the world then we have to make our toys safe, sturdy and
challenging to the minds of children.
Safety Regulations:
Toys with small parts, such as these Lego elements are required by
law to have warnings about choking hazards in some countries. Many

countries have passed safety standards limiting the types of toys that can be
sold. Most of these seek to limit potential hazards, such as choking or fire
hazards that could cause injury. Children, especially very small ones, often
put toys into their mouths, so the materials used to make a toy are regulated
to prevent poisoning. Materials are also regulated to prevent fire hazards.
Children have not yet learnt to judge what is safe and what is dangerous,
and parents do not always think of all possible situations, so such warnings
and regulations are important on toys. For toy safety, every country has its
own regulations. But since globalization and opening of markets, most of
them are trying to harmonize their regulations. The children often tend to
put toys in their mouths. This is why it is of utmost importance to regulate
chemicals which are contained in the paintings and other materials children’s
products are made of. Countries or trade zones such as the European Union
regularly publish lists to regulate the quantities or ban chemicals from toys
and juvenile products.
There have also been issues of toy safety regarding lead paint. Some
toy factories, when projects become too large for them to handle, outsource
production to other less known factories, often in other countries. The
sub-contractors may not watch as closely and sometimes use improper
manufacturing methods. The U.S. government, along with mass market
stores, is now moving towards requiring companies to submit their products
to testing before they end up on shelves.
Following are the child safety marks and symbols to keep an eye out
for, along with what their presence does - and doesn’t - indicate:
Safety symbols
Symbol What it means
Will not easily catch light from cigarettes or matches.

Does not mean fireproof.
Fire safety
Manufacturer’s self-declaration that its

product meets basic EU legal requirements.
This is not a safety symbol.
CE mark
Safety symbols
Symbol What it means
The Kite mark confirms that the British Standards

Institution has tested a product and found it meets a
particular standard.
Kite mark
Unsuitable for children under three years because it

might, for instance, contain small parts.
Age label
The Lion mark shows that a toy meets British

safety standards and adheres to strict advertising
and counterfeiting ethics.
Lion mark
Disposal
When toys have outgrown or are no longer required, reuse is
sometimes considered. They can be donated via many charities such as
Goodwill Industries and the Salvation Army, sold at garage sales, auctioned,
sometimes even donated to museums. However, when toys are broken,
worn out or otherwise unfit for use, care should be taken while disposing of
them. Donated or resold toys should be gently used, clean and have all parts.
Before disposal of any battery-operated toy, batteries should be removed and
recycled; some communities demand this to be done. Some manufacturers,
such as Little Tikes, will take back and recycle their products.
In 2007, massive recalls of toys produced in China led many U.S. based
charities to cut back on, or even discontinue, their acceptance of used toys.
Goodwill stopped accepting donations of any toys except stuffed animals,
and other charities checked all toys against government-issued checklists.
The WEEE directive (Waste Electrical and Electronic Equipment), which
aims at increasing re-use and recycling and reducing electronic waste,
applies to toys in the United Kingdom as of 2 January 2007.
Brushing aside the threat by China of dragging India to the World Trade
Organisation (WTO), UPA Commerce and Industry Ex-Minister Kamal
Nath plugged the loopholes in the rules that could allow manufacturers in
China to dispatch toys into the market through a third country.
i. The Ministry informed and alerted the customs authorities to ensure
that Chinese toys do not enter the Indian ports through a third country
route.
ii. “Prohibition shall be applicable on all such toys which have originated
from China, irrespective of the country of import. Originated shall
mean ‘manufactured’ in China,” the Directorate General of Foreign
Trade said in a directive to all Commissioners of Customs and licensing
authorities.
iii. Mr. Nath said the ban on Chinese toys was on grounds of public health
and safety and the action was compliant with the WTO rules. “India is a
responsible country and before we take any action we make sure that it
should be WTO compatible,” Mr. Nath told journalists here. However,
he said the move would not sour India’s commercial ties with China
because the ban was a matter of public rather than commercial concern.
iv. After India slapped the ban on import of toys from China on January
23, Chinese official media reported that Beijing was contemplating a
WTO action against India.
v. The Toy Association of India’s president, Shri Raj Kumar, said the ban
would severely hit imports of Chinese toys, but Indian authorities had
likely taken the step in the interest of the economy.
vi. Kumar said: “You see Chinese toys everywhere. The good, upper-end
toys are made in India, but the cheap toys in the street and small shops
were being dominated by them. They are bringing in toys without safety
norms.”
vii. Kumar also said there had been discussions between toy manufacturers
and the government about increasing import taxes on Chinese toys, but
he was not expecting a ban.
viii. The ban covers wheeled toys, dolls, stuffed toys, toy guns, wooden and
metal toys, musical instruments, electric trains and puzzles.
The Toys Manufacturers Association of India said it was pleasantly
surprised by the decision, which came following demands from local
companies for protection from Chinese manufacturers.
Moves toward Global Standards

Although an international toy safety standard exists, nations around the
world still create their own legislation and standards to address the issue.
Current toy safety standards focus on design principles and rely on batch
testing of samples to assure safety. As has been seen in the large scale
recalls of 2007, sample testing can miss non-conforming product. A design
may be conceptually safe, but without proper control during the production,
the design may not be met by the manufacturer. Similarly, the applicable toy
safety standards to which a toy is tested by a laboratory may not discover
a hazard in a product: in the case of 2007’s magnetic toy recalls and the
Bindeez recall, the products in question met the requirements laid down in
the applicable safety standard, yet were found to present an inherent risk.
Proposed process and quality control standards, similar to the ISO 9000
systems, seek to eliminate production errors and control materials to avoid
deviation from the design. The creation of manufacturing quality standards
for toys will help ensure consistency of production. Using a continual
improvement model, production can be subject to constant scrutiny,
rather than assuming the compliance of all production by testing random
samples. In October and November 2007, mandatory third party testing by
companies such as LGA, Eurofins, Bureau Veritas or SGS Consumer Testing
Services was proposed by regulators in the EU and US, to a (possibly new)
international standard, requiring a new safety mark. There is no indication
that the proposals will address manufacturing control.
Safety Hazards and Product Recall

The ability to recall a product from the market is a necessary part of
any safety legislation. If existing quality and safety checks fail to detect
an issue prior to sale, a systematic method of notifying the public and
removing potentially hazardous products from the market is needed. Some
toys have been discovered to be unsafe after they have been placed on the
market. Before the introduction of safety monitoring organisations the toys
were simply stopped being manufactured if any action was taken at all
but since then there have been many toys that have been recalled by their
manufacturer. In some notable cases the problem has only been found after
the injury or even death of a person that purchased the product.
Ban on Chinese Toys in India

The government in January 2009 has put quality restrictions on mobile
phones, dairy products and toys in a measure aimed mainly to block their
imports from China and which may trigger another round of wrangling at the
WTO between two of Asia’s biggest economies. The Directorate-General of
Foreign Trade said mobile handsets without the IMEI (International Mobile
Equipment Identity) number, which helps authorities to track the sale and
use of the phones, cannot be imported from now on. An estimated eight
lakh such phones come into the country every month from China. These are
unbranded and cost a lot less than the branded variety.
Security agencies had raised concern over the use of these phones,
many of which, they said, were being used by terrorists to set off bombs
and communicate among them. Since these sets do not have the 15-digit
IMEI number, or cloned numbers, the authorities find it difficult to track the
sale or usage. Approximately 30 million such phones are in use at present.
The DGFT banned till January 2010 the import of toys that do not meet
international safety standards and norms. This move hit imports of toys
mainly from China and several other countries. India had blocked import
of toys from China in January on health grounds, after concerns over their
safety were raised in developed markets. But the restriction was eased later
after Beijing questioned the restrictions on the ground that New Delhi did
not put such curbs on toys from other countries.
The ban, however, was not applicable to toys that came with a certificate
from laboratories accredited to the International Laboratory Accreditation
Cooperation (ILAC). The volume-driven, price-competitive Chinese toys
are estimated to have a 70% share in the global toy market.
The Business Standard article states that according to industry
estimates, Chinese toys account for half the country’s toy market. According
to Commerce Ministry data, toys worth more than $24 million (or Rs 120
crore) were imported in April-June 2008-09. The Toy Association of India’s
President, said the ban would severely hit imports of Chinese toys, but
Indian authorities had taken the step in the interest of the economy.
“You see Chinese toys everywhere. The good, upper-end toys are
made in India, but the cheap toys in the street and small shops were being
dominated by them. They are bringing in toys without safety norms,” he
said.
The Press Trust of India writes that while the government notification
did not cite the reason for the ban, sources said it was concerned over a rise
in imports of toys. A concern had also been raised over the safety of children
playing with the Chinese toys, which were found to be toxic. Most of the
varieties, including wheeled toys, dolls, stuffed toys, toyguns, wooden and
metal toys, musical instruments, electric trains and puzzles are covered
under the ban. The Toys Manufacturers’ Association of India said it was
pleasantly surprised by the decision of the Commerce Ministry to prohibit
shipments of cheap toys from China. “We welcome the decision. It is good
for the industry,” Association President Raj Kumar said, adding it is in the
interest of the country. In the face of global downturn, Indian industry has
been clamouring for protection from aggressive Chinese manufacturers.
Industry officials said there has been a surge in the import of handicraft
and toys by Rs 1,000 crore during April -November 2008. However, trade
expert Arun Goyal said, “The ban would encourage smuggling of toys
through Nepal borders. That would be more dangerous. It is bad, especially
for the slum children, who can afford the cheap Chinese toys only.
The commerce secretary has told CNN IBN that, “The reason for the
ban is a concern for public health. Chinese toys are known to have high
content of poisonous substances like lead”. International and Indian studies
in the past have shown that Chinese toys contain high amounts of lead. In
fact, a CNN-IBN special investigation one year ago tested a random sample
of toys for lead. The results revealed that Chinese toys contained higher
levels of lead than their Indian counterparts. The study also showed that
the highest content of this heavy metal was in products like teethers for
newborn and toddlers.
However, closer look at the categories that have been banned by the
Indian government include items like tricycles, pedal cars, recreational
models and puzzles. These are not necessarily toys that lend themselves to
being constantly chewed or ingested- the one way by which lead actually
leaches out and can cause lead poisoning in children. So it looks like the
Commerce Ministry has other concerns. Many say this temporary ban is a
means of providing protection to domestic manufacturers, against cheap
competition. After all, over 70 percent of all toys sold in India come from
China.
The Economic Times states that China has raised the issue of the
mandatory safety standards imposed by India on imported Chinese
toys before the WTO Committee on Technical Barriers to Trade. In its
complaint to the WTO, China has alleged that India’s quality checks violate
the condition of “national treatment” laid down under WTO’s trade rules
as they did not apply to toys manufactured in India or imported from any
other country.
In its submission to the WTO Committee on Technical Barriers

to Trade, China pointed out that since the restrictions apply only to
Chinese toys, it could be viewed as a general ban on and a discriminatory
measure against Chinese toys. This breached a series of fundamental
principles embodied in the WTO agreement, including that of most
favoured nation treatment (every member country will be treated at par
with other member countries), and national treatment (product from a
member country will be given the same treatment as that given to a
product made locally), along with provisions of technical barriers to
trade (TBT) agreement.
China also pointed out that India did not inform WTO about the
restrictions, a procedure necessary under the transparency obligations of TBT
agreement. “China strongly requests that India revoke its discriminatory and
WTO-inconsistent restriction on Chinese toys immediately,” the submission
stated. So China is alleging that even the revised Indian notification violates
both MFN and national treatment. Further, it violates the notification
requirement in the TBT agreement.
Why did the Indian government not use Clause 2.10 of the TBT
agreement permitting the issue of safety standards in urgent cases with
post-facto notification to the WTO secretariat and other members?
Such a notification requires the statement of objectives and the rational
for the standards. India will probably argue that these are international
standards not requiring notification, but the application of these standards
exclusively to imports from China does raise potential violations of MFN
and NT.
The Indian authorities could have avoided a lot of trouble if only they
had also followed WTO Rules in this matter. The flexibility to take action
against imports for safety reasons is fully available, but the Indians seem to
have messed up on procedure. China is likely to convey its concern to India
over New Delhi trying to restrict import of Chinese goods, even though
Beijing has not “yet” dragged its neighbour to the World Trade Organisation
on the issue.
The official Chinese media had reported that the country was mulling to
drag India to WTO for contesting the ban. While the bilateral trade has seen
a sharp rise in the fiscal 2008-09, it is highly skewed in favour of China.
In 2007-08, India’s exports to China stood at USD 10.83 billion, while an
import was USD 27.11 billion.
Lifting of Import Ban on Chinese Toys in India

India in March, 2009 lifted the ban on importing toys from China
provided they conform to international safety norms which was imposed
on January 23 on the import of Chinese toys for six months on grounds of
public health and safety. According to a public notice by then Commerce
Ministry, the import of toys from China will be allowed if they conform to
the standards prescribed in “ASTM F963” or “ISO 8124 (parts I - III) or IS
9873 (parts I - III)”. These regulations primarily deal with safety and health
hazards.
A blanket ban on imports of all toys from China was put in place by
India. While the DGFT notification placing the ban had not indicated any
reason for prohibiting toy imports. Later it was clarified that the ban was
placed due to health concerns as toxins had been found in toys from China
on earlier occasions.
The quality of toys manufactured in China came under the international
scanner in 2007 when the world’s leading toy manufacturer Mattel called-
back over 20 million China made toys world-wide due to the presence of
excessive levels of lead paint and other contaminants.
India’s move to ban Chinese toy imports can also be seen as a non-tariff
barrier as the Indian market has been flooded with cheap Chinese toys over
the last few years. As per industry estimates, the Chinese have captured
more than 60% of the Indian toys market.
Product Recalls and Safety Hazards

The ability to recall a product from the market is a necessary part of any
safety legislation. If existing quality and safety checks fail to detect an issue
prior to sale, a systematic method of notifying the public and removing
potentially hazardous products from the market is needed. Some toys have
been discovered to be unsafe after they have been placed on the market.
Before the introduction of safety monitoring organisations the toys were
simply stopped from being manufactured if any action was taken at all,
but since then there have been many toys that have been recalled by their
manufacturer. In some notable cases the problem has only been found after
the injury or even death of a person that purchased the product.
Choking is the number one reason for accidents, but chemicals such
as lead can also cause developmental problems like behavioral disorders
and sickness. Exposure to lead can affect almost every organ and system in
the human body, especially the central nervous system. Lead is especially
toxic to the brains of young children. In the US, the CPSC and Customs
and Border Protection are responsible for screening children’s products
imported into the country. Just less than 10% of products screened are
stopped for violations. Nearly two thirds are stopped for lead violations
and 15% are stopped for choking hazards. In the United Kingdom toys are
regulated by the Toy Product Safety Regulations 1995 which require that
toys must not be sold if they do not have the correct safety labels.
Toy Safety Regulations in India

The Bureau of Indian Standards (BIS) released its draft regulations on
standards on phthalates in toys on April 21, 2011. The draft standards have
been released following a Bombay High Court Order on March 24, 2011.
The court’s direction was in response to the Public Interest Litigation (PIL)
filed by the Consumer Welfare Association in 2007 demanding stringent
regulations for phthalates in toys.
Toy makers use phthalates to make plastic toys supple and chewy.
But the chemical also happens to be very toxic and its use in the Indian
toy industry remains unregulated. The Bureau of Indian Standards (BIS)
has finally drafted standards for phthalates in toys and childcare products
so that their use can be regulated. The standards were notified on July 3,
2011.
The new norms are included in part 3 of the BIS Standard for Safety
Requirements of Toys (IS 9873), which deals with ‘migration of certain
elements’ (ingestion of elements in toys). “To begin with, we are introducing
the phthalates standard for toys. Then parts 1 and 2 of the standards will be
taken care of,” says an official of the Department of Industrial Policy and
Promotion (DIPP), which will enforce the standards. The first two parts
of the standard deal with mechanical and physical properties of toys and
standards of flammability.
Import of Toys not Meeting BIS Safety Standard not Permitted

The Bureau of Indian Standards (BIS) has formulated an Indian
Standard prescribing safety requirements for toys relating to migration of
certain elements. Indian standards are voluntary in nature and no licence has
been granted for this standard. Since BIS has not granted any Certification
Licence for toys against this Indian Standard, it cannot enforce it against
manufacturers of toys.
Besides, a system of compulsory registration of toys and toy products

has been found to be a possible mechanism for the purpose of regulating
manufacture, sale of toys and enforcement of BIS standards at this stage
presently, the imports of toys from all sources is subject to the following
conditions:
i. Certificate of Conformation to the standards prescribed in ASTM F963
or ISO 8124 (Part I-III) or IS 9873 (Parts I-III) or EN 71.
ii. Certificate or Conformance from the manufacturer that the toys being
imported have been tested by an independent lab which is accredited
under ILAC, MRA and found to meet the specifications indicated
above. Any consignments of toys, which are found not conforming
to prescribed standards and specifications, are not permitted to be
imported.
iii. Need for Toy Testing in India
Toy safety is of concern to every parent. Amid reports on the use of
low quality and toxic materials in certain toy brands in the past few years,
parents today stress on the quality of the toys and its impact on their
children. The size of India’s toy industry may touch Rs 13,000 crore by
2015 compared with Rs 7,500 crore in 2012. The industry is growing at a
CAGR of 20 percent, according to an ASSOCHAM report. So, addressing
the issue of toy safety has become a primary concern for the toy industry as
a means to instill confidence in buyers, the accreditation and quality-testing
certifications definitely help.
Indian standards for toy safety are voluntary in nature and no licence
has been granted for this standard. Though Bureau of Indian Standards
(BIS) has formulated an Indian standard prescribing safety requirements for
toys relating to certain elements, it has not granted any certification licence.
So, the authorities in the country cannot enforce it against manufacturers
of toys.
Recently, companies such as Underwriters Laboratories (UL) helped
ease the toy safety concerns in Indian parents’ mind. The company,
which recently acquired Italian Institute for Toy Safety (IISG), will offer
certification to toy manufacturers in India. UL operates in India through
offices in Bengaluru and Gurgaon. Similar to the ISO standards or CE mark
or BIS Safety Standards, the testing provided by the UL global network of
laboratories can prove to be a benchmark of quality for several types of toys
including electronic, board games, action figures, dolls, educational toys,

construction toys, etc.
The Trouble with Toys

A new Bureau of Indian Standards’ guideline seeks to limit the use of
a toxic chemical in toys. But unless a safety certification for toys is made
mandatory, such directives may prove futile.
Phthalates are Harmful

• DEHP: Banned in toys in many countries. Exposure to it causes
asthma and allergy in children. Studies have shown it interferes with
development of reproductive organs; exposure during pregnancy is
linked to pre-term birth.
• DBP: Linked to poor semen quality in men, premature breast
development in women and asthma and allergic symptoms in children.
• BBP: Linked to embryo toxicity, asthma and liver problems.
• DINP: Linked to pre-natal toxicity, slightly increased rates of skeletal
retardation, soft tissue and skeletal malformation, increased liver and
kidney weight.
• DIDP: Repeated exposure damages the liver.
• DNOP: Causes low, acute eye and skin irritation. Toxic to the liver,
thyroid glands, kidney and reproductive system. Found to promote
tumour formation in the liver.
Analysis Related to Toys in India

A sample survey was conducted to know the consumers views about
toys and their safety. The response of few retailers and parents purchasing
toys is as follows:
• Modern toys are preferred more by children now a days, there is less
focus on traditional toys.
• Cartoon characters are major reason for influence for the purchase of
toys.
• Brands are not that big reason for influence in decision making because
maximum people are not aware of the brands available in the market.
• Toy store retailers and online stores are the major place from where
children prefer to buy toys from, some low income group people have
purchasing behaviour from road side market.
• Majority of people do not bother about the manufacturing dates and
details while purchasing the product and some toys don’t come in
market with all such dates.
• Made in India toys are preferred by few customers but majority don’t
even care about which country product they are purchasing.
• People are aware of the toxics but it is seen that majority don’t have
knowledge of toxics which may cause their children.
The response collected from officials of TAI, TAITMA, SGEPC, BIS,
NSIC, MSME, are presented in the following table:
Table 4.1: Analysis of Questions asked from the Officials
Questions Analysis of Answers Received

Where does Indian toy market stand (0.5% share)
in world or even in Indian market?
India is too populated country but Population and manufacturing
still unable to make its standing in capabilities are independent entities.
the world even not in India in term of
Toys.
To analyze that ‘after being labour Population or availability of labor
abundant and being leader among is not enough to make good toys.
service providers, why India is unable Japan and Germany have very
to compete in toy market against less population and yet are big
China even in domestic market? time manufacturers or control
manufacturing in China and many
other countries.
Don’t you think so that Chinese toys are Yes – 70 % toys sold are Chinese.
excessively available in Indian market?
Reason is low price / quality/ Indians do not have Scale, Skill and
availability/ technology/ etc. Why Speed to think and work on global
Indians do not have that. level. China manufacturs toys
for the whole world. It produces
world’s 70 % toys. China has all
qualities to deliver.
What steps you have taken to promote Scale, Skill and Speed. Indian
Indian industry in this regard? industry is mainly family oriented.
Why we are not stopping them and No need to stop anyone. One can
not promoting self at that level? work on oneself.
What is your role actually, just Our role as individuals is to scale up
to promote your export or also to the operations and bring best skills
safeguard your domestic market / in fastest possible time.
manufacturer as importers are much
happier than exporters (for high
margin)?
Don’t you think that the level of Depends on educational
awareness is very less among qualification of customer.
the parents about environmental
hazardousness (toxic etc.) as what
should they verify before buying a toy?
What is the Rating standard of this The industry is very-very small.
industry?
How you analyze the role of Let Government be sincere and
Government agencies? honest in doing what it says.
What are your further plan /action to Focus over Speed, Scale and Skill
boost this industry?
Feedback from officials

• The present size of the domestic market for toys in India is around Rs.
600 -700 Crores which is growing @ 10-15% on an annual basis.
• About 75% of the Indian Toy market is flooded with imported toys and
out of that 90% of the imported toys in India come from China only.
• Among the imported toys, about 80% are electronic and battery
operated toys, balance 20% constitutes plastic and soft toys.
• The domestic toys manufacturers have only 25 percent share of the
total domestic market for toys and fall in the Micro and small scale
categories.
• The export of toys from India is quite low; of the order of approximately
Rs 250- 300 crores per annum only and mainly educational toys are
being exported to USA, UK, UAE etc.
Conclusion
Toy manufacturers are always trying to meet the twin demands of parents
and children. While children usually look for fun and excitement, parents
look for other things of course; they want toys that stimulate creativity,
help children learning, are durable and give good value for money. Parents
and children are increasingly becoming environment conscious and aware
about toxics along with safety regulation. The green tags in toys increase
the feel good factor while making a purchase. Green toys not only make a
difference to the environment but are also completely safe. They are made
with recyclable, renewable, natural materials rather than synthetics like
plastic. Materials like bamboo, rubber wood, recycled plastic and recycled
paper are used. Soft toys, dolls and dolls-clothes are made from organic
fabrics. Minimal packaging made from recycled cardboard/paper is used.
For the toy company, there might be some extra effort to initially locate
the right sources of materials. Sometimes, the extra effort to use organic
materials can push up the cost. But in the long run, eco-friendly materials
are often cheaper and are locally available. A study conducted by IIPA have
the following findings:
• Indian parents and sellers have very less awareness about all types of
toys and brands.
• It is difficult to differentiate among Indian and foreign toys for buyers.
• Need of awareness and counselling to explain them the real situation.
• Money is not playing the major factor, choice of parent and child
matters more.
• Many places, especially in rural areas, it is seriously difficult because
they are not even aware of what is toxic and what is brand.
• Very less people were concerned about the toxics.
• Plastic and Rubber moulds manufacturing facilities are inadequate in
India; the moulds manufacturing enterprises have conventional setup
and low production scales that leads to longer delivery time of almost 4
months and prices that are 25 – 30% more as compared to China.
• The import duty on raw materials is more than finished toy that
discourages toy manufacturing in India and encourages imports of toys
and trading.
• Major gaps and problems being faced by Indian Toy Industry viz-a-viz
Foreign Toy Industry are technology focused.
• Electronic toys and games and battery operated toys are missing from
the product range of Indian toys manufacturers that are being imported
almost 50% of the total market of toys in India.
• The toys manufacturers are in a great need of outside professional
design support for designing new types of toys keeping toxics removal
in mind.
• Specific R&D for development of innovative and novelty toys and
games are required to offer new green products as per fast changing
needs/requirements of the domestic as well as export markets for toys.
• There is a need to have a check over toxics available in toys.
• Advertisements should be there for awareness about toxics and all.
• Strict laws should be followed if any toxic is found in toys.
• Instructions and precautions with defined level of chemicals should be
written at back of toys (label) clearly.
• Plastic raw materials (HDPE, LDPE,PP) are to be procured with in
nation.
• Specialized courses are to be introduced at ITIs to enhance the
availability of trained skilled manpower for the Indian toys Industry.
• To produce better quality products, advanced production technologies
and machines need to be adopted by the toys manufacturers.
10 Toy Safety Tips

1. Always pay close attention to the age recommendations on toys and
choose one according to a child’s age, interest and skill level. Also, be
aware of other safety labels such as “Flame retardant/flame resistant”
or “Washable/Hygienic materials” on dolls and other stuffed toys.
2. Discard the plastic wrappings from toys immediately; they become
deadly playthings to small children.
3. For children under one choose toys that are colorful, lightweight, have
various textures and are made of non-toxic materials. Children this age
learn through sight, touch, sound and taste and often put things into
their mouths to explore them.
4. Don’t give young children any toys with small parts such as removable
eyes, noses, etc., they are choking hazards.
5. Inspect all toys for sharp points or edges made from such materials as
metal or glass—these toys should not be given to children under eight
years of age. This includes stuffed animals with wires that could stab,
cut or shock if exposed.
6. Toys with strings, cords or ribbons of any kind should not be hung
in cribs or playpens. Young children can become entangled which can
cause injury or death.
7. Teach older children to keep their toys that may have removable small
parts, sharp points or toys ran on electricity out of reach of younger
siblings. Young children are very curious and may investigate toys that
aren’t appropriate for them.
8. Keep toys and play equipment in good condition, discard any toys that
are broken to prevent injuries.
9. Supervision is essential; provide safe hazard free play environments
both indoors and outdoors. Toys get used and abused by children;
regularly conduct a toy maintenance check for safety and durability.
10. Teach children early to put toys away when they are finished playing
with them. This will prevent accidental falls over them.
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Annexure
MODEL FORM OF NOTICE, COMPLAINT, AFFIDAVIT AND REPLY

MODEL FORM-1 NOTICE BEFORE FILING THE COMPLAINT
Name and address

...........................................................
(of the trader, dealer, firm, company, etc.)
...........................................................
(Complete address)
IN RE: (Mention the goods/services complained of giving details)
...........................................................
Dear Sir,
This is to bring to your kind notice that 1 had purchased

…………............. from your ................................... for a consideration of
Rs……………………………......... paid in cash vide your cash memo/
Receipt/Invoice No....................................................... (or through cheque
No ........................... dated ................... drawn on ........................................
bank for a sum of Rs ....................
The said goods are suffering from the following defects:

(i) ............................................
(ii) ............................................ etc
I have reported the above matter to you several times (give ref-
erence of earlier letters, if any) but despite all my pleadings you
have not made good the defect in the goods (ordeficiency in ser-
vices) which is indeed regrettable and highly unbusiness like. On
account of your aforesaid dereliction of duty and failure and neglect
to rectify the same I have suffered losses/incurred expenses ............
..............................................................................................................
..............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
(give details)
which you are liable to compensate to me.

You are hereby finally called upon to
(i) remove the said defects in the goods
and/or
(ii) replace the goods with new goods

and/or
(iii) return the price/ charges paid
(iv) pay compensation for financial loss/injury/interest suffered due

to your negligence ........................................................................
(give details)
in the sum of Rs ....................... with interest @......................... %
per annum within.............................days of the receipt of this notice
failing which 1 shall be constrained to initiate against you for redressal
of my aforesaid grievances and recovery of the aforesaid amount such
proceedings, both civil and criminal as are warranted by law, besides
filing a complaint under the statutory provisions of The Consumer Pro-
tection Act, 1986 exclusively at your own risk, cost, responsibility and
consequences which please note.
Place……………………..
Dated............................... Sd/-
.………......
Model Form –2 -The complaint
BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM AT ........................................................
OR
BEFORE THE HON’BLE STATE CONSUMER DISPUTES
REDRESSAL COMMISSION AT .....................................................
OR
BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION AT NEW DELHI
IN RE: COMPLAINT NO ........................ OF 20 ......... IN THE MATTER OF:
(FULL NAME) (DESCRIPTION) (COMPLETE ADDRESS)
............... Complainant
VERSUS
(FULL NAME) (DESCRIPTION) (COMPLETE ADDRESS)
................................. Opposite Party/ Parties
COMPLAINT UNDER SECTION I2/ SECTION 17/

SECTION 21 OF THE CONSUMER PROTECTION ACT, 1986.
RESPECTFULLY SHOWETH
INTRODUCTION
(In this opening paragraph the complainant should give his
introduction as well as that of the opposite party/parties.
TRANSACTION
(In this paragraph complainant should describe the transaction
complained of, i.e., particulars and details of goods/ services availed; items
of goods/kind and nature of service; date of purchase of goods/availing
of service; amount paid as price/consideration, full or in part towards the
goods/service; Photocopies of the bill/cash memo/voucher or receipt should
be attached and properly marked as Annexure – A,B,C and so forth or 1,2,3
and so forth.)
DEFECT DEFICIENCY
(In this paragraph complainant should explain the grievance, i.e.,

whether the loss or damage has been caused by some unfair trade practice
or restrictive trade practice adopted by any trader or there is some defect
in the goods or there has been deficiency in service or the trader has
charged excessive price for the goods. One should elucidate the nature
of unfair trade practice adopted by the trader, i.e., relating to the quality
of goods/services; sponsorship; warranty or guarantee for such period
promised. The nature and extent of defects in goods should be explained
and so should the deficiency in service. In case of excessive price one
should specify the details of actual price fixed by or under any law for
the time being in force or as set out on goods and their packing vis-a-
vis the price charged by the trader. Complaint can also be filed against
offer for sale of goods hazardous to life and safety when used. You
should narrate your grievance and rest assured it is being read /heard by
compassionate and pragmatic judges. Photocopies of relevant documents
must be attached.)
RECTIFICATION
(In this paragraph complainant should highlight what attempts were

made by him to set things right, i.e., personal visits or negotiations;
communication in writing if any; whether any legal notice was got
served and / or whether he has approached any other agency for redressal
like, Civil or Criminal Court of competent jurisdiction; the stage of its
proceedings, its outcome, if any, alongwith copies (certified preferably)
of such proceedings. The nature of response got from the trader when
irregularities were brought to his notice, should also be disclosed here).
OTHER PROVISIONS
(In this paragraph reference may be made to any other law or rules
or regulations of particular procedure which is applicable to the case and/
or which has been violated by the trader and consumer’s rights under the
same. There are incidental statutory obligations, which traders must fulfil
and in case of their failure to do so the case in prima facie made out and
Forum would take cognizance).
EVIDENCE
(In this paragraph complainant should give details of documents and/or
witnesses he will rely upon to substantiate his case. The documents attached
as Annexures as stated above may be incorporated in a proper list and a
list of witnesses (if any) may be filed similarly).The annexures should be
attested as “True Copy”.
JURISDICTION
(In this paragraph complainant should liquidate the claim in the
complaint, i.e., upto 20 lakh; 20 lakh to one crore; or above and set out
the pecuniary jurisdiction of the Forum/ State Commission/National
Commission, as the case may be. The territorial Jurisdiction should be
highlighted to obviate any formal objection).
LIMITATION
That the present complaint is being filed within the period prescribed
under section 24A of the Act.
RELIEF CLAIMED
(In this paragraph complainant should describe the nature of relief he
wants to claim. i.e., for removal of defects in goods or deficiency in service;
replacement with new goods; return of the price or charges, etc., paid and/
or compensation on account of financial loss or injury or detriment to his
interest occasioned by negligence of the opposite party and elucidate how
you have calculated the amount of compensation claimed).
PRAYER CLAUSE
It is, therefore, most respectfully prayed that this Hon’ble Forum/
Commission may kindly be pleased to ......................................................
(Details of reliefs which complainant wants the Court to grant)
Place: ................................... Dated: ...................................
Complainant Through ...................................

(Advocate or Consumer Association, etc.)
Verification
I, ............................. the complainant above named, do hereby solemnly
verify that the contents of my above complaint are true and correct
to my knowledge, no part of it is false and nothing material has been
concealed therein. Verified this ....................... day of ...................... 20 .....
at .......... Complainant.
Note: Although it is not compulsory, complainant may file an affidavit

in support of the complaint which adds to the truth and veracity
of allegations and gives credibility to the cause. It need not be
on a Stamp paper but one should get it attested from an Oath
Commissioner appointed by a High Court. The format is just as
simple.
Model Form –3- Affidavit in support of the complaint
BEFORE THE HON’BLE………IN RE: COMPLAINT NO………….OF

20……………..IN THE MATTER OF:
…………………………………………………………
................................................................................................... Complainant
........................................................................................................................
............................................................................................... Opposite party
AFFIDAVIT
Affidavit of
Shri....................................................S/o. Shri...............................................
aged....................................years, resident of..................................................
..................................................................................................................

(1) That I am complainant in the above case, thoroughly conversant
with the facts and circumstances of the present case and am
competent to swear this affidavit.
(2) That the facts contained in my accompanying complaint, the
contents of which have not been repeated herein for the sake of
brevity may be read as an integral part of this affidavit and are
true and correct to my knowledge.
Deponent
Verification:
I, the above named deponent do hereby solemnly verify that the
contents of my above affidavit are true and correct to my knowledge,
no part of it is false and nothing material has been concealed therein.
Verified this.......................................day of..................................20............
at................
Deponent
Model Form –4- Reply by the trader to the complaint
BEFORE THE HON’BLE ................................ THE CONSUMER

DISPUTES REDRESSAL FORUM/ COMMISSION AT…………………
IN RE: COMPLAINT NO..................................OF 20...........................
IN THE MATTER OF:
...................................................................................................Complainant
VERSUS
................................................................................................Opposite Party
DATE OF HEARING..................................
WRITTEN STATEMENT ON BEHALF OF RESPONDENTS TO

THE COMPLAINT OF THE COMPLAINANT
RESPECTFULLY SHOWETH:
Preliminary Objections
1. That the present complaint is wholly misconceived, groundless

and unsustainable in law and is liable to be dismissed as such. The
transaction question was without any consideration and free of charge.
2. That this Hon’ble Forum/ Commission has no jurisdiction to entertain
and adjudicate upon the dispute involved in the complaint in as much
as it is not a consumer dispute and does not fall within the ambit of
the provisions of the Consumer Protection Act,1986, hereinafter called
the said Act and is exclusively triable by a Civil Court and as such the
complaint is liable to be dismissed summarily on this score alone.
3. That the dispute raised by the complainant in the present complaint is
manifestly outside the purview of the said Act and in any event, the Act
is in addition to and not in derogation of the provisions of the..............
Act. The proceedings initiated by the complainant under the Act are
honest, null and void and without jurisdiction.
4. That the definitions of ‘Complainant’, ‘Complaint’ ‘Consumer
Dispute’ and ‘Service’, as defined in Section 2(1) of the said Act do
not cover the claims arising under the present dispute and that from
the aforesaid definitions, the complainant is not’ consumer’ and the
controversy involved in the complaint is not a ‘consumer dispute’.
5. That the present complaint is baseless and flagrant abuse of process of
law to harass and blackmail the answering respondent.
6. That the complainant has no locus standi to initiate the present
proceedings.
7. That the complaint is bad for non-joinder of necessary and proper party
and is liable to be dismissed on this score alone.
8 . That the complainant has already filed a Civil Suit for ................. in a
court of competent jurisdiction which is pending disposal in the Court
of ............. and the present complaint has become infructuous.
9. That the present complaint is hopelessly barred by limitation.

10. That this Hon’ble Forum/Commission has no territorial or pecuniary
jurisdiction in as much as the amount involved in the subject-matter
exceeds/is less than the limit prescribed by Section 11(1) Section 17(1)
(a)(i)/Section 21(a)(i) of the Act.
11. That the present complaint is frivolous and vexatious and liable to be
dismissed under Section 26 of the Act.
12. That the present complaint has not been verified in accordance with law.
On Merits
In these paragraphs respondent must reply each and every allegation
made and contention raised by the complainant, factual and legal as well.
In case one has already made good the defect or deficiency, elucidate steps
taken. One may have, inter alia, following goods defences as well.
1. That the transaction entered between the parties to the above dispute
is a commercial one and the complainant cannot claim any relief from
this authority in as much as .....................................................................
(give details)
2. That the complainant had purchased the goods as a seller/retailer/
distributor, etc., for consideration of resale and as such is barred
from moving this Hon’ble Forum/Commission for the alleged defect/
deficiency etc. in as much as ...................................................................
(give details)
3. That the complainant has already availed the warranty period
during which the answering respondent has repaired/replaced the goods
in question. The complainant is thus legally stopped from enforcing
this complaint or to take benefit of his own wrong.
4. That the present complaint is an exaggeration beyond proportion
despite the fact that the complainant is himself responsible for delay
and laches in as much as he has on several occasions changed his
option for class of goods/type of allotment scheme of flats/model of
vehicle, etc ..............................................................................................
(give details)
5. That the answering respondent is well within his rights to charge extra
price for the subject-matter of the above dispute in as much as time
was not the essence of delivery thereof. The complainant is liable to
pay the increased price w.e.f ................... on account of escalation

due to excise duty/budgetary provisions etc. in as much as…........
(give details)
6. That the complainant has accepted the goods and/or service towards
repair/replacement etc. without protest and the present complaint is
merely an after thought.
7. That without prejudice the answering respondent as a gesture of
goodwill is prepared to...........................................................................
(give details of rectification, if any, which can be done in case of minor
or tolerable problems to avoid harassment to consumer and litigation
problems)
The allegations of defect/default/negligence and/or deficiency in
service are wholly misconceived, groundless, false, untenable in law
besides being extraneous and irrelevant having regard to the facts and
circumstances of the matter under reference.
Prayer clause with all the submissions made therein is absolutely wrong
and is emphatically denied. Complainant is not entitled to any relief
whatsoever and is not entitled Model Form costs.
Sd/-
(Opposite Party)
Place: ......................
Dated: ...................... through
(Advocate)
Verification
I, ............................ the above named respondent do hereby verify that the
contents of paras ........................ to ...................... of the written statement
on merits are true and correct to my knowledge. While paras ..................
to ............... of preliminary objections and ................ to .............. of reply
on merits are true to my information, belief and legal advice received by me
and believed to be true while the last para is prayer to this Hon’ble Court.
Verified at ........................ this .......................day of................. 20 .............

Sd/-
(Opposite party)
INDIAN INSTITUTE OF PUBLIC ADMINISTRATION
The Indian Institute of Public Administration, established as an autonomous body
under the Registration of Societies Act, was inaugurated on March 29, 1954 by Shri
Jawaharlal Nehru who was also the first President of the Society. The basic purpose
of establishing this Institute was to undertake such academic activities as would
enhance the leadership qualities and managerial capabilities of the executives in the
government and other public service organization. The activities of the Institute are
organized in four inter-related areas of Research, Training, Advisory and Consultancy
Services and Dissemination of Information.
CENTRE FOR CONSUMER STUDIES
CCS is dedicated to consumer studies and is sponsored by DCA, GoI. The objective of
the CCS is to perform, facilitate and promote better protection of consumers’ rights
and interests with special reference to rural India. The broad areas of focus of the
Centre comprise capacity building, advocacy, policy analysis, research, advisory
and consultative services, and networking.
The Centre seeks to network with national and international agencies and interface
with other stakeholders by serving as a bridging “think tank” with an intensive
advocacy role. The Centre provides a forum for creating dialogue among policy-
makers, service-providers, representatives of various business establishments and
their associations, professional bodies/associations, civil society organizations,
educational/research institutions, economic and social development organizations as
well as leading NGOs.

Room No. 11A
Indian Institute of Public Administration
I.P. Estate, Ring Road
New Delhi—110002
Tel: 011-23468347, 23705928 (Fax)
Email: [email protected]
Website: www.consumereducation.in

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Consumer Education Monograph Series No.

Centre for Consumer Studies

TOYS AND SAFETY REGULATIONS

Prof. Suresh Misra

Dr. Prateek Gupta

Centre for Consumer Studies

Sponsored by : Department of Consumer Affairs, Ministry of

Published by Centre for Consumer Studies, Indian Institute of

This monograph on ‘Toys and Safety Regulations’ deals with this

We would like to thank Dr. T. Chatterjee, Director, IIPA for his

New Delhi Suresh Misra

• Motor toy vehicles incidents;

• Small parts or loose items • Plastic spheres or beads

Many studies, have shown that environmental hazards are produced by

(a) Construction sets

(b) Dolls and miniatures

People with a high inductive reasoning

(f) Promotional merchandise

(g) Digital toys

(h) Physical activity

Toy Industry in India

Indian Toy industry is characterized by small-scale establishments and is

Table 1.1: Toy Industry in India

Toys sales channels

Games and Puzzles

Outdoor and Sports

Arts and Crafts

Action Figures and

Figure 1.1: Category sales share of Toys in percent

• Segments of the Indian toy market

Indian Toy Market Consumers

Key Trends of the Indian toy market

• Import statistics for toys in India

S. Year Total import of toys (HS Code Major Countries of

1 2010-11 924 China (72)

2 2011-12 1318 China (76)

3 2012-13 1634 China (74)

4 2013-14 495 (projected at Rs 2000 crores China (74)

• Export statistics for toys from India and major destinations

Table 1.3: Export of Toys from India and major destinations

S. Year Total export of toys (HS Code Major Countries of

1 2010-11 162 UK(22)

2 2011-12 233 UK(10)

3 2012-13 337 UK(12)

4 2013-14 96 (projected at Rs 400 crores for UK(12)

Toys’ Quality, Standards and Regulation

Table 1.4: Strengths, Weaknesses, Opportunities and Threats (SWOT)

• Indian toys manufacturing • Mostly small scale and micro

• Growing large domestic • Low Volume of Production.

• Availability of skilled and • Uneven Technical knowledge.

• Government support for • Do not focus on Brand Building,

• Less overhead costs. • Lack of innovation,

Toy Standards International and National

Regional Standard(s) and Regulations

Argentina Instituto Argentino de Racionalization de Materials 3583:

Australia AS/NZS ISO 8124.1-2002 Safety of toys (safety requirements)

• AS/NZS ISO 8124.3-2003 Safety of toys (safety requirements) Part 3:

Brazil ABNT (Brazilian Association of Technical Standards)