US CPSC Proposes Rules for Water Bead Toys and Toys That Contain Water Beads

On September 9, 2024, the U.S. Consumer Product Safety Commission (CPSC) issued an NPR to revise the existing safety standard for toys (16 CFR 1250), Safety Standard Mandating ASTM F963 for Toys, adding performance and labeling requirements for water beads to better address the known water bead hazards and to provide the highest level of safety feasible for such products.The public has until 8 November 2024 to submit feedback.

NPR Scope:

Water Bead Toys and Toys That Contain Water Beads designed, manufactured or marketed for children under 14 years of age.

Remark:Water bead means a various shaped water absorbent polymer, such as, but not limited to, polyacrylamide and polyacrylate, which expands when soaked in water. "Toys containing water beads" means that water beads are included in a variety of toy products, such as toy experimental kits, toy sensory kits, squeeze toys containing water beads, and toy guns designed to fire water bead pellets."

Examples of products outside of the scope of this proposed rule are water beads that are not toys or are not contained in toys and are for various non-toy uses, such as water beads used for decorative purposes (e.g.,placement in candle holders), in vases or gardens for plant hydration, as air freshener products or deodorizers for cat litter, and in first-aid cold packs.

New additions are as follows:

(1)Performance requirements:

Water beads as received or water beads removed from a toy, which fit entirely inside the small parts cylinder in their dehydrated (pre-expanded) state, shall not expand more than 50 percent in any dimension and shall remain whole while also completely passing through the funnel test gauge(Diameter 9.0 mm (+0.0/ -0.1 mm)), under its own weight after expansion, when tested in accordance with the following test procedure

(2)Acrylamide Limit Requirements:

Water beads shall not have more than 65 µg acrylamide extractable from 100 small water beads (defined as <4 mm across the smallest diameter of the bead prior to hydration) or from one large water bead (defined as ≥4 mm across the smallest diameter of the bead prior to hydration) in the test procedure described below,

(3)Labeling requirements

a.Water bead toys, packaging of water bead toys, and the container of water beads, if provided, must include the safety alert symbol, signal word, and word message.

b.Products with contained water beads, such as balls filled with water beads, and the packaging must include the safety alert symbol, signal word, and word message.

c.Products with contained water beads that do not have packaging must have a hangtag or sticker label with the full warnings. Multiple products sold in a package or bin must be individually labeled with a hangtag or sticker.

d.The warnings shall be in the English language at a minimum.

e.he warnings shall be conspicuous and permanent on the principal display panel as defined in section 3.1.62 of the version of ASTM F963 incorporated by reference in § 1250.2(a) and in a distinct color contrasting to the background on which it appears.

f.The warnings shall conform to ANSI Z535.4-2023, sections 6.1-6.4, 7.2-7.6.3, and 8.1, with some changes.

g.Certain text in the message panel must be in bold and in capital letters. Text must use black lettering on a white background or white lettering on a black background.

h.The message panel text shall appear in sans serif letters and be center or left aligned. Text with precautionary (hazard avoidance) statements shall be preceded by bullet points(·).

i.Multiple precautionary statements shall be separated by bullet points(·) if paragraph formatting is used.

j.The safety alert symbol  and the signal word “WARNING” shall appear in sans serif letters and be at least 1/8” (3.2mm) high and be center or left aligned. The remainder of the text shall be in characters whose upper case shall be at least 1/16”(1.6mm) high

k.The safety alert symbol , an exclamation mark in a triangle, when used with the signal word, must precede the signal word. The base of the safety alert symbol must be on the same horizontal line as the base of the letters of the signal word. The height of the safety alert symbol must equal or exceed the signal word letter height. The exclamation mark must be at least half the size of the triangle centered vertically.

l.Requirements for Instructional Literature: Instructions shall have the same warning labels that must appear on the product packaging, with similar formatting requirements, but without the need to be in color. However, the signal word and safety alert symbol shall contrast with the background of the signal word panel, and the warnings shall contrast with the background of the instructional literature.

CTT tips:

Water beads are super absorbent polymer spheres of different sizes and colors that can expand to several times their original size when wet. In 2023, some platforms and supermarkets announced to stop selling Water beads products. The relevant toy enterprises should understand the relevant laws and regulations in advance to ensure that the products meet the requirements of regulatory standards. CTT has the testing ability and qualification of toy products, welcome to consult.