⚖️ Toy Safety in Australia vs the US & EU: What Every Parent Should Know

When it comes to toy safety, not all standards are equal. In Australia, the ACCC enforces mandatory toy safety requirements under Australian Consumer Law, but our regulations are more limited than those in the US or the EU. Navigating toy safety can be a minefield for parents, and it’s a common misconception that all toys sold in Australia meet strict, mandatory standards but it is not the case. If you're buying toys, here's why that’s important — and what to look for.

Understanding Toy Safety Standards in Australia

Why informed shopping matters more than ever

When it comes to toys, not all products on the market are held to the same safety standards — and that’s where things get tricky for parents, carers, and educators. As a small business committed to ethical, safe, and enriching play, we believe it's important to empower families with the facts.

🧸 Are Toy Safety Standards Mandatory in Australia?

Yes — but only for certain types of toys. Not every toy needs to meet a legal standard before being sold.

Here are the categories that must meet mandatory standards:

• Toys for children under 36 months (choking hazards)

  • Under law, toys for children up to 36 months must meet specific design and chemical safety rules. These include limits on choking hazards, lead content, and secure button‑battery compartments

• Toys containing magnets

• Projectile toys (e.g., foam blasters, bows and arrows)

While there is a mandatory standard for toys for children up to 36 months of age, Australian suppliers can demonstrate compliance by meeting the local AS/NZS ISO 8124, or the international standards used in the US (ASTM F963) or Europe (EN 71). This can create a degree of confusion for parents who assume all toys on the shelf have been through the same testing rigour.

Other toys? They're subject to voluntary guidelines — which means sellers aren't legally required to test them. 

That’s a huge gap.

Since September 2023, Australia upgraded its mandatory standard to reference the more recent AS/NZS ISO 8124‑1:2023 and ISO 8124‑1:2022, bringing some update—but only for very young age group. 

The issue?

• No mandatory third‑party testing for most toys

• No full-spectrum chemical testing unless specifically mandated

• Compliance sometimes relies on supplier honesty

In real cases like the Garfield toy recall from Hungry Jack’s, toys technically met battery safety specs but failed to include vital hazard warnings — and still reached 27,000+ children before the ACCC intervened. This is why it's so important for parents to read age labels and be aware of potential hazards.

🇺🇸 United States: Tougher, Third‑Party Certified

In the US, the Consumer Product Safety Improvement Act (CPSIA) mandates all toys for children under 12 must be third-party tested and certified under ASTM F963 standards, covering everything from flammability to sound levels to lead content.

Manufacturers must issue a Children’s Product Certificate (CPC)—verifying compliance via accredited test labs. If a toy fails safety testing, it's illegal to sell or distribute it in the US.

🇪🇺 European Union: The Gold Standard in Toy Safety

In the EU, the Toy Safety Directive 2009/48/EC enforces the EN 71 series standards (EN 71‑1 to EN 71‑14). These cover physical risks, chemical exposure, flammability, magnetic hazards, and heavy metals, all enforced through mandatory CE marking. 

Manufacturers must provide technical documentation and Declarations of Conformity; as of 2025, revised EN 71‑3 regulations tighten chemical migration limits to better protect children.

📉 Australia’s Limitations & Real Risks

• Australia does not require third-party lab testing for most toys

• Suppliers are not always held to transparent compliance reporting

• Recent cases show even well-known brands have shipped dangerous toys without proper warnings (e.g., button batteries)

By contrast, both the US and EU systems force suppliers to demonstrate compliance—but they still occasionally experience recalls or injuries (e.g. 200,000 KidKraft kitchens recalled in 2025 for strangulation risk.) 

Read More About Australia's Limitations & Real Risks HERE. 

⚠️ Why It Matters

With the rise of discount platforms and fast-shipping online retailers, many toys sold in Australia may not meet local safety requirements. Platforms like Temu and AliExpress often bypass strict testing, leaving consumers exposed to unknown risks. 

It’s one reason we’re seeing increasing reports of toys being recalled or flagged for:

• Toxic materials

• Unsafe construction

• Choking hazards due to poor design or small parts

✅ What to Look For When Buying Toys:

Here’s how you can protect your family and make safer choices:

1. Check age recommendations
Make sure toys are clearly marked with the appropriate age range.

2. Look for the AS/NZS ISO 8124 testing standard
This is Australia’s key benchmark for toy safety.

3. Inspect materials used
Go for non-toxic paints, BPA-free plastics, and natural, sustainably sourced wood or felt.

4. Prioritise trusted, local brands
If a seller or store doesn’t disclose where or how the toys are tested — it’s okay to ask. Transparency is key.

5. Watch for safety warnings
Toys with small parts should always be labelled accordingly, especially if intended for children under 3 years.

Toy safety isn't just a concern with major international online platforms like Temu or big-box retailers like Kmart. While these companies often face public scrutiny, it's crucial for parents to extend their vigilance to well-known small businesses and boutique stores. Many of these smaller operations, while well-intentioned, may lack the resources, in-house quality control, or deep understanding of Australia's complex and often-reactive regulatory system.

Australia’s toy safety rules are evolving—but still lag behind international benchmarks in enforcement and transparency. That means parents need to shop cautiously, look for evidence of real testing, and demand accountability.

At The Curated Parcel, I don’t just sell toys. I vet them for your peace of mind. Because quality play should never mean compromising safety.