Figure safety standards: EN 71, CE, UKCA and ASTM F963 explained

A figure is an art object, a brand product… and sometimes a toy in the eyes of the law. Before launching production, you need to know which box it falls into, and in which markets it will be sold, because the obligations are not the same. This guide covers EN 71 and CE marking in Europe, the rules in Great Britain, ASTM F963 and the CPSIA in the United States, minimum age and labelling.

Is your figure a toy?

This is the first question, and it shapes everything else.

In the European Union, a toy is a product designed or intended, exclusively or not, for use in play by children under 14. A brand figure handed out to families, a giveaway at a public event, a mascot sold in a toy shop: these are very probably toys.

Some products are excluded from this definition, including products for collectors, provided that the product or its packaging carries a visible and legible indication that it is intended for collectors aged 14 and over. That is why many art toys show a statement such as “collectible, not suitable for children under 14”.

In the United States, the key notion is the children’s product: a product designed or intended primarily for children 12 and under. Toys in this category must meet ASTM F963 and the CPSIA requirements. An art toy clearly designed, packaged and marketed for adult collectors is generally treated as a general-use product, but the assessment looks at the whole picture: labelling, packaging, marketing and where it is sold.

Situation	Likely status	Consequence
Figure given to the general public, children included	Toy	EN 71 + CE marking (EU), ASTM F963 + CPSIA (US)
Figure sold in a toy shop	Toy	Same obligations
Art toy sold to collectors, 14+ statement	Product for collectors	No toy CE marking in the EU, but a visible age statement
Luxury numbered collector’s edition	Often a product for collectors	Visible age statement, suitable presentation

Be careful: the statement is not enough if everything about the product’s presentation targets children (colours, point of sale, marketing). It is the overall picture that counts, in Europe as in the US.

What does EN 71 cover?

EN 71 is the harmonised European toy safety standard. It has many parts; for a figure, three come up almost every time:

• EN 71-1 – Mechanical and physical properties: small parts that could be swallowed, sharp points and edges, strength of components, resistance to pulling and dropping.
• EN 71-2 – Flammability: how the materials behave near a flame.
• EN 71-3 – Migration of certain elements: presence and migration of chemical elements (heavy metals in particular) in materials and paints.

Other requirements can apply depending on the product (regulated chemical substances, plasticisers, etc.).

What is CE marking?

CE marking is affixed by whoever places the toy on the market to declare that it meets European requirements. It is not a quality label issued by a body: it is a commitment, which must be backed by:

• technical documentation (product description, safety assessment, test reports);
• a declaration of conformity;
• product traceability (batch number, contact details of the manufacturer or importer).

The marking must be visible, legible and indelible, on the toy or on its packaging.

What about Great Britain?

In Great Britain, toys must comply with the Toys (Safety) Regulations 2011, the UK version of the European rules. Toys can carry the UKCA marking, and the CE marking is currently still accepted; Northern Ireland follows EU rules. As these arrangements have changed several times, check the current government guidance before a launch in the UK, and make sure the labelling includes the details of the UK importer where required.

What does ASTM F963 and the CPSIA require in the US?

For toys intended for children 12 and under sold in the United States, the Consumer Product Safety Improvement Act (CPSIA) makes the ASTM F963 toy safety standard mandatory. In practice, this means:

• third-party testing by a laboratory accepted by the Consumer Product Safety Commission (CPSC);
• a Children’s Product Certificate (CPC), issued by the importer or domestic manufacturer, based on these tests;
• tracking labels on the product and its packaging, so the batch and origin can be traced;
• limits on lead in materials and paint and on certain phthalates;
• the small parts rules and the related choking hazard warnings for young children.

What should the label show?

Depending on the product’s status and the market, the labelling may include:

• the name and address of the manufacturer and, where applicable, the importer;
• a batch or series number for traceability;
• the CE marking (EU) or UKCA marking (Great Britain) for a toy;
• mandatory warnings, for example “Not suitable for children under 36 months. Contains small parts.” in the EU, or the choking hazard warning in the US;
• for a product for collectors, a visible and legible minimum age;
• the information in the language of the country of sale.

How does testing work?

Tests are carried out by specialised laboratories on samples taken from production (or from the pre-production run, in the same materials and paints). The laboratory issues a test report for each part of the standard checked.

A few tips:

• Plan ahead: testing takes time and has to be built into the schedule. At Popterror Studio, tests take place during the 2 weeks of quality control.
• Test every material and every colour: a new paint can change the EN 71-3 or lead test result.
• Keep the reports: a retailer, a marketplace or a market surveillance authority may ask for them.
• Test again if the product changes (new colour, new material supplier).
• Selling in several markets? Tell the laboratory from the start: many labs can combine EN 71 and ASTM F963 testing.

The case of blind boxes

A blind box contains figures that are often small, sometimes with accessories: small parts are a central question if the product is a toy. The mystery packaging must also respect consumer information rules. See our guide on how to make a blind box.

For our EQSO The Crew blind box, presented as a collectible, the age statement appears on the product: 15 and over.

Who is responsible?

The person responsible is whoever places the product on the market: in the EU, the manufacturer if it is established there, otherwise the importer; in the US, the importer or domestic manufacturer who issues the certificate. If your brand has figures produced abroad and imports them in its own name, it carries the responsibility for compliance. A studio like ours helps you prepare the tests, which are carried out by a specialised laboratory.

To put compliance in the context of the whole project, read our guide on how to make custom figures. And if you are preparing a production run, discover our custom figure manufacturing service and all our custom figure design and production services for brands.