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The National Consumer Agency wish to advise businesses that European Commission Decision 2008/329/EC of 21 April 2008 requires Member States to ensure that magnetic toys placed or made available on the market after 21 July 2008, display a warning about the potential health and safety risks.
The National Consumer Agency (NCA) has responsibility for implementing the Commission decision in Ireland. The Customs Authorities are cooperating with the Agency in implementing the decision. Read more >>>
The Commission decision requires that all toys containing magnets must carry a warning with the following wording:
(a) “Warning! This toy contains magnets or magnetic components. Magnets sticking together or becoming attached to a metallic object inside the human body can cause serious or fatal injury. Seek immediate medical help if magnets are swallowed or inhaled,” or
(b) An equivalent easily understandable wording that clearly conveys the same content.
(c) The warning must be clearly visible and legible, conspicuously displayed at the point of purchase, on the packaging or otherwise attached to the magnetic toy.
Member States are required to ensure that as of 21 July 2008:
1. magnetic toys which do not display the required warning, are prohibited from being placed or made available on the market, and
2. magnetic toys placed or made available on the market which do not display the required warning are withdrawn from the market, and consumers are adequately informed of the risk.
The Commission decision, made under Article 13 of Directive 2001/95/EC General Product Safety Directive was published in the Official Journal on 26 April 2008- L114/90.
The NCA is empowered to issue a direction to any operator found not to be complying with the Commission decision. Any person who fails to comply with such a direction may be guilty of an offence and liable, on summary conviction, to a fine not exceeding €3,000 and/or imprisonment for 3 months.
For further information visit click here.
Click here to view the full text of the Commission Decision.
If you have any queries or comments please contact a member of the NCA product safety team via email at
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or by calling 01 4025500.
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