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US CPSC Issues Notice of Proposed Rulemaking for Water Bead Toys

SafeGuardSToys and Juvenile ProductsSeptember 23, 2024

SG 141/24

The US Consumer Product Safety Commission (CPSC) has published a notice of proposed rulemaking (NPR) to revise the existing consumer product safety rule for toys to add performance and labelling requirements for water bead toys and toys that contain water beads.

On September 9, 2024, the CPSC published an NPR to revise the existing safety standard for toys (16 CFR 1250). The proposed rule will add performance and labeling requirements for water bead toys and toys that contain water beads to address the following four identified hazards:


  1. Ingestion of water beads
  2. Insertion of water beads into the nose or ear
  3. Aspiration due to water beads
  4. Choking due to water beads

The NPR defines a water bead as a, “various shaped water absorbent polymer, such as, but not limited to, polyacrylamide and polyacrylate, which expands when soaked in water.”

ASTM F963-23 includes requirements for expanding materials but, according to CPSC, the current requirements for this category of toys are insufficient to address these known water bead hazards.

The proposed rule would add the following in 16 CFR 1250:

  • Performance requirements to address ingestion, choking, aspiration and insertion hazards:
    • 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 new proposed funnel test gauge under its own weight after expansion

  • Acrylamide limits and testing:
    • 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)

  • Marking, labeling and instructional literature requirements

16 CFR 1112 is also proposed to be updated to include water beads in the CPSC’s list of notice of requirements (NORs).

The CPSC is proposing an effective date of 90 days after the final rule is published in the Federal Register. Interested parties are invited to submit their comments by November 8, 2024.

Notice of Proposed Rule 16 CFR 1250

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© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.

For further information, please contact:

Piyush Shah

Piyush

Shah

Technical Director - Hardlines
Dennis Lancion 3

Dennis

Lancion

SGS Consumer and Retail
Technical Manager - Hardlines

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