US CPSC Issues Notice of Proposed Rulemaking for Water Bead Toys

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 December 8, 2024.

Notice of Proposed Rule 16 CFR 1250

Optimize your potential, reach new markets and streamline every step of the toy life cycle while also reducing the risk of non-compliances, recalls and delays with our one-stop-shop solution for compliance with toy safety requirements. Let our global network of experts, laboratories and accreditations help you access the world’s toy markets effectively and efficiently. Contact us to know more or visit our website. In the end, it’s only trusted because it’s tested.