[INDEX
Introduction 03,
Explaining general product safety 04
Iso 3533: 2021 04
Other key product safety regulations in Europe 06
Electrical, electronic and digital concerns in Europe 06
Considerations in the US and individual States or
Stating the ‘vegan’ claim 08
Going the extra mile with clinical study 09
Conclusion 1"
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‘countries, increased convenience enabled by online shopping
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Slatista, a leading provider of market and consumer data,
has estimated the global adult toy market at 372 billn USD
in 2023, growing to 527 billion USD in 2026. A quick online
search easily yields dozens of new and creative adult products
being developed by start-ups and newcomers to the industry,
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to natural latex condoms and cruelty-free lubricant.
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‘a new adult toy, itis important to ask: does the product meet
the regulatory standards in terms of safety, while offering
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(i enExplaining general product safety
Before an adul toy product is placed on the market, one ought to take the product's safety and compliance as seriously as the
‘un and joy brought by the item.
[As a type of consumer good being used very intimately and sold in diferent countries, various safety regulations around
Consumer goods apply to adult toys. Let's take a closer look at some of the key standards and regulations.
ISO 3533:2021
In September 2021, the International Standardization
Organization (180) published the first-ever standard designated
to.assess the design and safety requirements for direct contact
with the genitalia, the anus, or both. The reference standard
published is ISO 3533:2021
Located in Switzerland, ISO is the non-profit making body that
gathers experts to develop voluntary, consensus-based, market-
relevant International Standards on quality management,
environmental management, health & safety, energy management,
food safety and IT securities across industries. Over the years,
a vast number of standards have been developed for consumer
{goods that we use in our everyday life but ISO 3533:202", which
{ook nearly four years to introduce from concept to formalisation,
Is the fistotits-kind for adult toys.
‘Summarising the 16-page document, the safely assessments
that need to be conducted concerning adult toys ar listed on
the next page1, Risk Assessment
tis important to assess the possible hazards
associated with the product by estimating and
‘evaluating the potential hazards to minimize them.
Part ofa risk assessment can be conducted
through laboratory testing, to validate if there is any
potential hazard or not
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Design assessment and evaluation
Both safety and consumer expectations have tobe top of mind
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Design encompasses not only shape and size but also materials,
packaging and user information, Some ofthese aspects include:
. Mechanical hazards (such as retention, entrapment, enclosing
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User information
Manufacturers shall make sure that there is clear and concise
information provided to the end-user, paying clase attention to
the wording used to display these instructions and ensuring that
atleast the oficial language of the market destination ofthe
product is used.
Besides any indication that is requested by any of the example
regulations listed below or any standard related to these
legislations, user information for these products shall consider
{8 Product information on use and safety such as how to turn
‘nioff the product or the lt, serial number or batch
b. Packaging/instructions shal include allthe relevant information
for safe usage as applicable such as, for instance, the functionality
{and intended use or imitations of use, assembly, replacement of
batteries, care and maintenance, disposal, et.Other key product safely regulations in Europe
While $0 3539 is 2 remarkable beginning for putting the
safely of adult toys in an official document itis nat the only
requirement (despite being voluntary) that one should refer
te when considering product safety around regulatory and
technical framework.
Taking a look a the regulatory framework for these products
in Europe, as an example, adult toys do not fallin spectic but
transversal regulations such as the General Products Safety
Directive (GPSD 2001/95/EC)
This Directive establishes that only safe products can be
‘made avaliable on the market and that to evaluate the
Conformity of products with the general safety requirement,
products shall be assessed by taking into account the
following elements in particular, where they exist:
2. Voluntary national standards transposing relevant
European standards
». The standards drawn up in the Member State in which
the product is marketed
«. Commission cecommendations gating guidelines on
product safety assessment
. Product safety codes of goad practice in force in the
sector concemed
fe The stale ofthe art and technology
{Reasonable consumer expectations concerning safety
In addition to the GPSD, other transversal requatory provisions
requir attention as well o place "Safe products’ as indicated
by the own GPSD; these are:
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+ The Regulation (EC) 1907/2006 (REACH)
+ The Regulation (EU) 2019/1021 (Persistent Organic Pollutants)
+ The Directive 94/62/EC (Packaging and Packaging Waste)
Electrical, electronic and digital concems in Europe
(On top ofthe above and considering that many adult foy products
are electrical and electronic, there are also several regulations
{and standards that one would need to bear in mind to place a
safe product on the market. For instance, the RoHS Directive
(Directive 2011/65/EC) on Restriction of Hazardous Substances,
in electrical and electronic equipment, the LVD Directive
(Directive 2014/35/EU) on making electrical equipment designed
or use within certain voltage limits avaliable to the market or the
Batteries and Batteries Waste Directive (Directive 2008/68VEC},
Itis very common to find adult toy product that are interconnected
with other devices orto a network or sold to be used together with
cosmetics and in the sense of safety and securly of users, there
‘would be several legsalions lo be considered. Personal data
collection and storage is a critical area as well. The General Data
Protection Regulation 2016V679 is a powerful EU regulation on
data collection and privacy that cannol be ignored ithe device is.
intended to collect users’ personal data,
Coming back to the GPSD, it does not contain any reference or
harmonized standard that can be used to assess the product's
safely, bt as mentioned, there are several options to conduct
this evaluation, such as standards and user expectations
concerning safely.Considerations in the US and individual States
‘Similar to Europe, in the US and under the Consumer
Products Safety Commission (CPSO), several regulations
‘need to be kept in mind to place a safe and compliant product
fon the US marke, including the Flammabiliy of solids
(18CFR1500.44), Country of Origin Marking (18CFR134) or tha
fair packaging and labeling act (16CFR500) to name some.
Electrical and electronic requirements and digital concerns
are also to be considered,
[Not to forget that in he US, diferent States may have
additional or more stringent requirements than the ones
established at the Federal level. In that sense, knowing the
specific marketplace of products being sold is important as
‘well to define and refine the regulatory frameworkStating the
‘WEGAN’ CLAIM
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traditional adult toys. Echoing eco-friendly mindsets and vegan lifestyles,
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Inthe U.S.A, the Federal Trade Commission has stated that ‘claims in
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vegan claims of your adult toys should not be missed. There are solutions in
the market that assess materials and components, as well as provide testing
of chemicals and materials, to establish whether any animal products or
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CnGoing the extra mile with clinical study
Being compliant wth safety regulations is no doubt crucial, however, one can also take extra steps to evaluate the safety
and performance of adult toys from a cosmetics aspect. Insightful data can be used as a good pitch when reaching out to your
target consumers,
For those who are offering sexual wellness items such as intimate hygiene products and lubricants, clinical scoring or
questionnaires can be conducted to evaluate the tolerance andior efficacy ofthe products.
‘Similaly,eiical evaluation can be performed on the adult toys to understand the impact between the increased hormones
leased from orgasms ereated by the toys and ualty improvement af users’ skin, which can inelude:
Increase in Improvement in skin firmness
‘collagen levels associated with a reduction in
the plosis ofthe lower face
Decrease in the depth Increase in the radiance
of wrinkles and fine lines ‘of the skin ofthe face
and its luminosity
09 SAE saree eneHAPPY CONSUMERS
QUALITY MATTERS
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‘On-site product inspection comes in handy here.
With trained fronttine teams, we can evaluate your products based on your
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Let’s protect your brand name and image!CONCLUSION
\With mulinational supermarkets beginning to stock products for
‘everyday consumers, there is no doubt a burgeoning demand
for adult toys as society shakes off the taboo. Adult sex toys are
‘now very much a mainstream product and as with all consumer
‘goods, they must strive to cater to shifting consumer comands
for safe and ethical products. Brands seeking to enter the
‘markotplace must endeavour to ensure that speed of entry does
‘not come atthe expense of product safety or fale to comply
with regulations.
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Toys & Hardlines
[At Eurofins Toys & Hardlines, our network of companies can
hl you define the regulatory and compliance framework that
your adult toys would need to comply with and thereby provide
services including safely assessment, testing and certification
‘and review of labelling and markings in order to place a safe
product on the market
Learn more about how we can support you