PROMOTIONAL PRODUCTS OR TOYS?
- Thorne, Heidi
- Apr 30, 2024
- 2 min read
Updated: Jan 17
How to Avoid the Problems with Playthings
"Isn't that delightful? It will certainly garner significant attention." As you navigate the aisles of any major promotional product show, you'll discover numerous captivating and innovative items—such as stuffed animals, games, model cars, stress balls, and more—that are sure to provoke a strong desire to acquire them from your customers and tradeshow attendees.
The challenge with many "cute" promotions is their tendency to transform from promotional items into toys. Many parents take these items home for their children. Aside from the fact that your marketing budget is now directed towards a six-year-old, this shift also introduces significant legal considerations:
Promotional Products Are Generally Not Intended for Use as Toys. Many of these items include warnings indicating they are unsuitable for children under a certain age (typically three to six years). Due to small parts, they may present a choking hazard. Additionally, some paints and materials, such as bisphenol A (BPA), may pose health risks. This could potentially result in legal actions involving all parties in the supply chain, including manufacturers, distributors, and marketers. In certain cases, safety warnings should also take into account people's pets.
New Regulations are Becoming Stricter. Recently, consumer protection measures have been introduced, requiring items categorized as toys to undergo safety testing, primarily for lead content, with the possibility of additional tests. Buyers of custom promotional toys will now be subject to a testing fee, which may reach several hundred dollars. Stock design products are generally tested prior to being made available for sale.
This is not intended to discourage the use of playful promotions. By taking certain precautionary measures, you can ensure the safety of both yourself and the recipients of your promotions.
Understand Your Audience. When your target audience includes the general public, and there is a possibility that children may receive the distributed items, it is essential to select products that are non-toxic and suitable for all age groups. For an audience primarily composed of older adults, while it may be less critical, it remains important to consider, as parents and grandparents frequently look for treats for their children and grandchildren.
Reject Items Not Clearly Identifiable as Toys or Promotional Materials. Stress balls are a notable example, often designed in bright colors and various shapes. These products are unsuitable for young children or pets, as they can disintegrate and do not undergo the rigorous testing required for genuine toys. It is advisable to refrain from distributing these items to the public or in settings where they may be accessible to children.
Incorporate a Safety Warning into the Imprint. Although it may not completely protect against legal claims, including a warning like "Not a Toy" or "Not Intended for Small Children or Pets" in your imprint can inform recipients about the nature of the item you are offering.
Acquire Safety Compliance Documentation. Your promotional product distributor should be able to provide documentation concerning the compliance or testing of your chosen item if required. This is especially crucial for promotions with widespread distribution, such as those involving a national franchise chain. Furthermore, for significant public events, possessing this documentation may also be advisable.
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