If you sell toys online in the EU, the warnings that matter for the purchase – above all age limits such as “Warning. Not suitable for children under 36 months” – must be visible in the listing before the customer buys, not only on the box. That is Article 11 of the Toy Safety Directive 2009/48/EC. Which warnings exist, how they must be worded and where they go on Amazon, eBay and Kaufland.
What the law requires
Article 11 of Directive 2009/48/EC on the safety of toys, transposed into national law in every member state, sets three rules that matter to sellers:
- Warnings are preceded by the word “Warning” or “Warnings”, as the case may be.
- Warnings that determine the decision to purchase – such as the minimum and maximum age of users – and the other applicable warnings in Annex V must be clearly visible to the consumer before the purchase, “including in cases where the purchase is made on-line”.
- A member state may require warnings and safety information in its own language. Germany, for example, requires German (§ 11(5) of the German toy ordinance, 2. ProdSV), so a toy sold on Amazon.de needs the German wording.
The manufacturer prints the warnings on the toy and its packaging. Online, the customer sees the packaging only after buying, so as the seller you have to carry the warnings into the listing. Missing or reworded toy warnings are a frequent ground for warning letters against marketplace sellers in Germany (see Abmahnung for marketplace sellers).
Which warnings exist
Annex V Part A sets the general user limitations: at least the minimum or maximum age and, where appropriate, the required abilities, maximum or minimum weight, and that the toy may only be used under adult supervision. Part B fixes the wording for specific categories; points 2 to 10 must be used exactly as worded:
| Category | Warning |
|---|---|
| Toys that might be dangerous for children under 36 months | “Not suitable for children under 36 months” or “Not suitable for children under three years” – with a brief indication of the specific hazard |
| Activity toys (swings, slides, climbing frames) | “Only for domestic use” |
| Functional toys (scale models of real appliances) | “To be used under the direct supervision of an adult” |
| Chemical toys (e.g. chemistry sets) | “Not suitable for children under … years. For use under adult supervision” – age set by the manufacturer |
| Skates, inline skates, skateboards, scooters, toy bicycles | “Protective equipment should be worn. Not to be used in traffic” |
| Aquatic toys | “Only to be used in water in which the child is within its depth and under adult supervision” |
| Toys in food | “Toy inside. Adult supervision recommended” |
| Imitations of protective masks and helmets | “This toy does not provide protection” |
| Toys strung across a cradle, cot or pram | “To prevent possible injury by entanglement, remove this toy when the child starts trying to get up on its hands and knees in a crawling position” |
| Fragrances in olfactory board games, cosmetic kits, gustative games | “Contains fragrances that may cause allergies” |
Copy the wording from the packaging or the manufacturer in the language of the country you sell in; do not paraphrase it. A warning must also not contradict the intended use: putting “Not suitable for children under 36 months” on a baby rattle as a disclaimer is not allowed.
Where the warnings go in the listing
The test is simple: the customer must see the warning before clicking “Buy” without searching for it. A warning that only appears in the terms and conditions, in a linked PDF manual or on the seventh product image is not enough.
- Amazon: write the warning as text in a bullet point and in the description. Since the GPSR, Amazon shows safety images and documents you upload in a separate safety section of the detail page, apart from the product images – useful in addition, not instead of the text.
- eBay: under “Product safety” in the listing form you can choose up to 4 pictograms and/or up to 8 predefined statements; the additional information field takes 120 characters and no links. eBay itself names “not suitable for children under three” as an example. Put the full wording in the item description as well.
- Kaufland: safety information goes into the `safety_guidelines` attribute (free text, in the language of the marketplace), safety data sheets into `safety_data_sheet`. Offers without the GPSR information are excluded from sale.
- Your own shop: readable in the product description, close to the add-to-cart button – and on category pages too if the toy can be added to the cart from there.
An age attribute such as “3 years and up” is a recommendation, not the warning. Since 13 December 2024, Article 19 of the General Product Safety Regulation (GPSR) also requires manufacturer details, a product identifier and warnings in every online offer – see GPSR information in listings. The GPSR generator builds that block for you.
Before and after
| Instead of | Write |
|---|---|
| Suitable for ages 3+. | Warning. Not suitable for children under 36 months. Small parts. Choking hazard. |
| Perfect for the pool! | Warning. Only to be used in water in which the child is within its depth and under adult supervision. |
| Cool scooter for little racers | Warning. Protective equipment should be worn. Not to be used in traffic. |
| Science kit for young explorers | Warning. Not suitable for children under 10 years. For use under adult supervision. (age as on the box) |
| Warning only visible in a photo of the box | Warning as text in the listing, photo in addition |
| Baby toy with “Not suitable for children under 3” | Remove the warning – it contradicts the intended use |
Annex V allows the hazard behind the 36-month warning (small parts, long cord, detachable parts) to appear in the instructions for use. In a listing it is still worth adding: it makes the warning understandable and costs a few characters.
What the new Toy Safety Regulation changes
Regulation (EU) 2025/2509 on the safety of toys was published on 12 December 2025 and entered into force on 1 January 2026. Most of it applies only from 1 August 2030; until then Directive 2009/48/EC and the national rules based on it remain the law. Only the articles on notified bodies, delegated acts and penalties (Articles 28–44 and 49–55) have applied since 1 January 2026. Toys placed on the market in conformity with the Directive before 1 August 2030 may still be sold afterwards (Article 57).
From 1 August 2030, for online offers:
- Warnings must be clearly visible before purchase, including in distance sales (Article 6(3)) – the same principle as today.
- Every toy needs a digital product passport. Its data carrier (e.g. a QR code) must be visible before purchase, including in distance sales (Article 19(7)). Whoever places the toy on the market must give distributors and marketplaces a digital copy of the data carrier or a weblink, within 5 working days of a request (Article 19(12)).
- Online marketplaces must design their interface so that sellers can show the CE marking, the warnings and access to the digital product passport (Article 14(3)).
- Warnings are preceded by the word “Warning” or a generic pictogram (black exclamation mark in a yellow triangle), with a minimum font size on the toy and packaging (Annex III).
More on product passports in general: digital product passport.
Check your listing
The free listing check recognises toy listings and flags a missing age warning in the text, along with CE and test-seal wording such as “CE tested” that often comes with supplier copy for toys (see CE and test claims). Whether the wording matches the packaging only someone holding the box can tell – compare it before you publish.