eu toy safety : the problem of unreputable sellers on ...€¦ · 1 contents executive summary........

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Contents Executive Summary ................................................................................................................................. 3

Policy recommendations ........................................................................................................................ 4

Detailed findings of the project .............................................................................................................. 4

Over 76% failed safety testing ............................................................................................................ 4

97% of full sample non-compliant with EU law .................................................................................. 6

Similarities in (non-) safety rates between countries and between marketplaces. ........................... 6

1. Background ..................................................................................................................................... 8

1.1. Changes in the toy sales channels .......................................................................................... 8

1.2. Shining a light on the dark side – previous work .................................................................... 8

1.3. The shortcomings of the current legal framework ................................................................. 8

1.3.1. Toy safety: who is responsible for what? ....................................................................... 9

1.3.2. The E-commerce framework is no longer effective ...................................................... 11

1.3.3. Market surveillance – theory vs reality ......................................................................... 12

1.3.4. EU Product Safety Pledge – an ineffective commitment .............................................. 13

1.4. Online marketplaces business model ................................................................................... 13

2. Methodology ................................................................................................................................. 14

2.1. Selection of markets and online marketplaces ..................................................................... 14

2.2. Selection of toys .................................................................................................................... 15

2.3. Product assessment .............................................................................................................. 17

3. Results ........................................................................................................................................... 21

3.1. Figures ................................................................................................................................... 21

3.2. Main risks .............................................................................................................................. 23

3.3. Other issues detected ........................................................................................................... 26

3.3.1. Reviews pointing out safety issues are ignored ............................................................ 26

3.3.2. Misleading advertising .................................................................................................. 26

3.3.3. Inadequate customs declaration .................................................................................. 27

3.3.4. Counterfeit products ..................................................................................................... 28

4. Actions taken by Online Marketplaces ......................................................................................... 29

4.1 Informing marketplaces .......................................................................................................... 29

4.2 Proactively obtaining evidence ............................................................................................... 29

4.3 Informing market surveillance authorities ............................................................................. 29

4.4 Taking down listings ................................................................................................................ 29

4.5 Informing sellers ..................................................................................................................... 29

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4.6 Informing consumers .............................................................................................................. 29

4.7 Preventing sale of products listed on RAPEX/Safety Gate ...................................................... 32

4.7 Avoiding identical listings ........................................................................................................ 34

5. Public Authorities .............................................................................................................................. 34

6. Conclusions and Recommendations ................................................................................................. 35

5. Annexes ......................................................................................................................................... 38

5.1. List of toys ............................................................................................................................. 38

5.1.1. AliExpress ...................................................................................................................... 38

5.1.2. Amazon ......................................................................................................................... 56

5.1.3. eBay ............................................................................................................................... 70

5.1.4. Wish .............................................................................................................................. 80

5.2. Online marketplaces – business models ............................................................................. 101

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Executive Summary

This report by Toy Industries of Europe (TIE) exposes a dark side of toys sold online. Children’s safety is being put at risk by high numbers of unsafe toys being sold by rough traders, third-party sellers, on popular online marketplaces such as Amazon, eBay, AliExpress and Wish. Online platforms host third party sellers as part of their business model but those platforms do not assume enough responsibility for the safety of the consumers that they ultimately make money from.

The report details a project undertaken by TIE, with the support of independent toy safety experts, to assess the safety and the legal compliance of toys bought from operators who sell on four of Europe’s most popular online marketplaces: Amazon, eBay, AliExpress and Wish. The assessment was conducted on toys bought in seven EU markets - Denmark, France, Germany, Italy, the Netherlands, Spain and Sweden.

The report demonstrates that the current system to ensure toy safety on online marketplaces does not work. It shows weaknesses at all levels where economic operators should be held accountable:

• Proactive measures to avoid that dangerous toys are for sale: More than 97% of the 193 toys assessed did not comply with strict EU toy safety rules and 76% of 134 that were safety- tested had defects that made them dangerous for children. These toys should not have been placed on the market.

• Traceability requirements: 83% of the toys bought as part of the project did not include necessary traceability information.

• Reaction by marketplaces: All online market places were notified in October 2019 of the dangerous and illegal toys on their platforms. But their reactions to the notification of dangerous and illegal toys were not effective enough:

o Only one out of four marketplaces (Amazon) contacted national market surveillance authorities to notify the toys and discuss and effective reaction

o Whereas three out of four marketplaces removed the notified unsafe and illegal toys within five working days (AliExpress, Amazon & eBay), listings that appear identical remain widely available. On three of the four marketplaces (AliExpress, Amazon & Wish) in June 2020 we still found seemingly identical listings for more than half of the notified dangerous toys - albeit by another seller

o All of the products notified on RAPEX (the European Commission’s alert database for unsafe products) as a result of this project can still be found on the three online marketplaces that signed the EU Product Safety Pledge. Of 18 toys notified on RAPEX we found respectively 16 (Amazon), 15 (AliExpress) and six (eBay) back on these marketplaces

o Our national associations had bought the toys and were consumers. They were not informed they had bought unsafe or illegal toys for two of the marketplaces (AliExpress & eBay). One member indicated that whereas they were not notified that the listing of the dangerous toy they purchased was taken down, the online marketplace was able to send e-mails regarding offers on toys that appeared identical to the dangerous ones. One marketplace provided unclear and confusing information for 12 out of 31 dangerous toys and no information on the others (Wish). One marketplace provided detailed information offering reimbursement for some of the dangerous toys, but only once they were listed on RAPEX (Amazon).

In terms of possibilities for authorities to act, the project also showed weaknesses:

• Customs: Customs officials face the challenging task to control billions of small packages. None of the illegal and dangerous toys bought as part of this project was intercepted by customs. All of the toys were shipped directly from China.

The results of the projects have led TIE to make several recommendations for concrete action.

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Policy recommendations Our short-term proposal is simple: the EU should clarify in guidance documents that online marketplaces are importers if the seller and manufacturer is based outside the EU and that they are distributor if there is an EU importer or manufacturer. There are clear responsibilities for importers and distributors in EU and national legislation. This can be done through the revision of the Blue Guide on EU Product Rules and the Guidelines for Article 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products. However, since the rules are not clear-cut on this, we believe the Digital Services Act and the revision of the General Product Safety Directive should provide further clarity. The new and revised rules must make sure online marketplaces are required to:

• prevent dangerous toys to be offered for sale on their platforms (proactive measures)

• react effectively when unsafe toys are discovered (reactive actions), including: o Operate a ‘notice, take-down & stay-down' policy’. There should be a short

timeframe (for example two days) specified by law for the removal of any unsafe toys notified by public authorities. This should also apply to identical listings;

o Recall unsafe products and inform consumers. Marketplaces know which consumers have already bought which product. Platforms should have an obligation to inform consumers in case they bought a product that is unsafe or illegal.

o Cooperate with and inform Market Surveillance Authorities. Online marketplaces should be required to collaborate with market surveillance authorities and inform them as soon as they are aware of dangerous or otherwise illegal products being sold on their platform.

• screen toy sellers and collect verified contact information (traceability requirements)

Detailed findings of the project

Over 76% failed safety testing

Of the full sample size of 193 toys across the seven markets, 134 toys were sent to an independent safety testing laboratory for further testing. 76,8% of them failed to comply with the required safety standard. This means they are dangerous toys that could pose a risk to children. It’s worth noting that the 134 did not go through a complete safety assessment so those toys that passed the partial safety assessment may have other safety risks for which they were not tested.

The six most common tests the toys failed were:

1. Small parts release: To avoid choking, toys for children under 36 months and their components parts must be of such dimensions to prevent being swallowed or inhaled.

Example: A baby rattle purchased in France from AliExpress had, amongst other safety risks, unsafe small parts that easily detached when the toy was received. This is a serious choking risk.

2. Packaging thickness: Plastic packaging made of flexible material should be of a certain high level of thickness to prevent a possible risk of suffocation from packaging that can cover the mouth and the nose

Example: A baby bath toy purchased in Germany from eBay had, amongst other safety risks, plastic packaging that posed a suffocation risk if the bag covered the mouth.

3. Unsuitable shape and size for babies: Toys intended for children under 36 months should have a shape and size that avoids the risk of impaction (pressing the back of the throat) for children too young to sit unaided (under 10 months).

Example: A musical toy purchased in Italy from Amazon suffocation was of a shape that enabled a baby to push it against the back of his/her throat.

4. Excessive levels of Phthalates: Used are used to make certain plastics more flexible and harder to break, Phthalates presence in toys, especially for those meant to be put in the mouth, is highly limited in the EU due to their potential endocrine disruptor properties.

Example: Bath toys purchased in the Netherlands from Wish has 321 times the EU-permitted level of permitted phthalates, posing a serious chemical hazard

5. Access to stuffing material: Soft toys should not allow children to have access to the stuffing material. There is a risk that a child might put a small part of the stuffing material in the mouth and choke.

Example: A glove puppet bought in Sweden from AliExpress had, amongst other risks, easy access to its stuffing material.

6. Sharp points: Toys or their components should not present sharp edges or points that could puncture the skin of the children.

Example: A teddy bear bought in Spain on Amazon had amongst other risks, metallic sharp points that could easily injure a child.

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97% of full sample non-compliant with EU law

The full sample of 193 toys was assessed for compliance with EU Toy Safety Directive. 97% of them were classed as non-compliant with the law and are therefore illegal products on the EU market. There were at least 547 reasons for non-compliance: the most common were the lack of compliance with traceability obligations (e.g. no name and/or address of manufacturer on packaging) and the lack or inappropriateness of the safety warnings displayed on the toy or its packaging (e.g. no warnings for children under three).

Similarities in (non-) safety rates between countries and between marketplaces.

The number of non-compliant and unsafe toys detected was similar across the seven countries and across the four online marketplaces.

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Toy testing results per online marketplace

AliExpress Amazon eBay Wish

43 toys tested

69,7% failed

24 toys tested

83,3% failed

27 toys tested

81,5% failed

40 toys tested

77.5% failed

Other issues were identified such as misleading advertising, counterfeit goods and inadequate customs declarations.

June 2020

www.toyindustries.eu

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1. Background

1.1. Changes in the toy sales channels

E-commerce has radically changed how toys are bought and sold. Approximately 20% of consumers

in 13 European countries bought toys online in 20191, an increase of more than 40% compared to

2017. The COVID-19 pandemic will see this number grow exponentially. At the same time, traditional

toy retailers have struggled. Toys “R” Us, one of the world’s biggest toy retailers, went bankrupt in

2018. Other big players in Europe, such as La Grande Recré in Belgium and France and Top Toys in the

Nordic countries have followed.

Online marketplaces such as Amazon, eBay and AliExpress have become a very important sales

channel for toy manufacturers. These online marketplaces put sellers in contact with millions of

consumers, opening up new business opportunities for the sector. Consumers can now check

thousands of products until they find the one that they like the most. On the surface, this seems like

an ideal situation. However, there is a dark side to this growth.

1.2. Shining a light on the dark side – previous work

While e-commerce has brought new opportunities for reputable toy manufacturers, illicit players have

unfortunately also been able to benefit from it. The EU has a very strict toy safety regime, but

loopholes in the current legal framework mean that illicit players can access EU consumers and place

their substandard, sometimes simply dangerous, products in the market.

Several previous studies have found alarming levels of non-compliant and dangerous toys sold on

online marketplaces across Europe:

- In June 2019, the British Toy and Hobby Association published their assessment of 200 toys bought

in the largest marketplaces in the UK. 58% of these toys were illegal in the UK as they failed to

comply with basic safety requirements, such as having correct labels or an address to be able to

trace the seller. Even more worryingly, of the 200 toys, 22% had serious safety failures which could

cause injury or death to a child.

- The Danish Consumer Council ‘THINK Chemical’ purchased 29 plastic toys from Amazon, eBay and

Wish. Nine of these toys contained illegal and potentially harmful phthalates.

Concerned by this evidence, Toy Industries of Europe decided to carry out its own study to assess the

situation in seven EU countries and four online marketplaces.

1.3. The shortcomings of the current legal framework

The European Union has one of the strictest toy safety frameworks in the world. Although the rules

have been progressively updated, they are still focused on the traditional retail model. The rapidly

growing role of online marketplaces in toy supply has not been yet clearly translated into legislation.

This situation results in unclear legal responsibilities for these operators and prevents authorities from

fully enforcing toy safety rules.

1 “E-commerce in Europe”, a study by Post Nord

https://www.postnord.com/contentassets/f1c34a0cd6b04ff591b2199de13f3986/e-handel_europamaster_0910-en_us_final.pdf

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Product safety rules and market surveillance are key in preventing dangerous toys from reaching EU

consumers. However, they provide no clarity on exact obligations for marketplaces. Moreover, market

surveillance authorities suffer from a lack of resources which has an impact on their performance and

on the scope of their activities.

The main piece of EU legislation regulating the digital world, the e-Commerce directive, dates from

the early 2000s which means that several of the directive’s provisions do not reflect today’s reality. Its

provisions can be interpreted as shielding marketplaces from any obligations to ensure the safety of

toys sold on their platform.

1.3.1. Toy safety: who is responsible for what?

The EU safety framework including the Toy Safety Directive (2009/48/EC), includes clear

responsibilities for all economic operators More specifically, all operators have to put in place

proactive measures to make sure toys are safe, ensure traceability and take a set of effective reactive

actions in case of a (potential) safety issue:

Manufacturer:

• Proactive measures:

o Primary responsible to ensure conformity with all safety rules

o Carry out conformity assessment, including testing when relevant

o Develop and keep the technical documentation and an EC Declaration of Conformity

(DoC) for a period of 10 years

o Ensure presence of CE-marking

o Ensure that the toy is accompanied by instructions and safety information in the

relevant language

o Investigate and keep other players in the supply chain informed: Investigate, and

keep a register of complaints, of nonconforming toys and toy recalls and keep

distributors informed of any such monitoring

• Traceability requirements:

o Ensure toys bear a type, batch, serial or model number or other element allowing

their identification

o Ensure its name and address are included on the product, its packaging an

accompanying document

o Be able for 10 years to indicate a) any economic operator who has supplied them with

a toy and (b) any economic operator to whom they have supplied a toy

• Reactive obligations:

o Act: When consider or have reason to believe that a toy is non-compliant, they shall

immediately bring the toy into conformity, withdraw it or recall it

o Inform authorities: When a toy presents a risk, inform relevant national authorities

and update them on actions taken

o Further cooperate with authorities: I.e. upon a reasoned request provide all the

information and documentation necessary to demonstrate the conformity of the toy

and cooperate if requested to eliminate risks posed by toys.

Importer

• Proactive actions:

o Place only compliant toys on the EU market

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o Ensure the manufacturer has complied with the obligations for proactive actions and

the traceability requirements

o If it considers or has reason to believe that a toy unsafe, it shall not place the toy on

the market until the toy has been brought into conformity

o Investigate and keep other players in the supply chain informed: Investigate, and

keep a register of complaints, of nonconforming toys and toy recalls and keep

distributors informed of any such monitoring


o Ensure its name and address are included on the product, its packaging an

accompanying document


a toy and, (b) any economic operator to whom they have supplied a toy


o Where the toy presents a risk, the importer shall inform the manufacturer


immediately bring the toy into conformity, withdraw it or recall it


and update them on actions taken




Distributor:

• Proactive actions:

o act with due care regarding the compliance of toys

o verify that the manufacturer and importers have met their proactive and traceability

obligations



a toy, and (b) any economic operator to whom they have supplied a toy


o where the toy presents a risk, the distributor shall inform the manufacturer or

importer

o When deemed appropriate with regard to the risks presented by a toy, importers

shall, to protect the health and safety of consumers, carry out sample testing of

marketed toys, investigate, and, if necessary, keep a register of complaints, of non-

conforming toys and toy recalls, and shall keep distributors informed of such

monitoring


immediately bring the toy into conformity, withdraw it or recall it.


and update them on actions taken.




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All relevant players (manufacturers, importers, distributors) in the toy supply chain are therefore liable

for a range of measures to make sure only safe toys are sold on the EU market. They can be sanctioned

if they do not comply with these requirements. When a toy manufacturer is based outside of the EU,

the roles and responsibilities of importers are meant to act as a barrier for unsafe toys to reach EU

consumers. They act as a gate-keeper. The distributor is an additional gate-keeper.

The obligations are generally not applied to online marketplaces with third-party sellers based outside

the EU. Existing EU guidance2 does not recognise that online marketplaces usually act as importers. It

only clarifies their obligations as ‘passive hosting service providers’. In reality, online marketplaces are

usually the importer as they place the toy on the EU market by directly targeting consumers in the EU.

They do this by directing their marketing activities at local markets, offering products in national

languages and by enabling payment in local currencies, with EU payment methods. In some cases,

they resemble the de facto seller of the toys – at least to the consumer.

However in practice, online marketplaces are not asked to adhere to the obligations of importers.

Therefore, when buying from third-party sellers who have not adhered to the toy safety requirments,

consumers are acting as if they were the importers and unfortunately children are the testing

laboratories.

1.3.2. The E-commerce framework is no longer effective

The EU’s e-commerce rules stem from 2000, when online supply chains were very different from

today. The current digital giants, if they existed at all, were at very early stages. The directive was

aimed at protecting the nascent digital landscape in the EU.

Over the past decades, it has become increasingly difficult to enforce product safety rules on online

marketplaces. Whereas online marketplaces are not requested to meet obligations of relevant

economic operators, like importers (see section 1.3.1) several Articles of the eCommerce Directive

have provided further leeway to online marketplaces to escape responsibilities.

Article 5 (‘Know Your Service Provider’) requires that service providers share info, such as name,

address, email address and VAT number. Sellers on platforms should therefore be clearly identified.

However, there is no clear obligation on the platforms to verify if sellers comply with this requirement.

Article 14 (‘Liability Exemption for Hosting’) limits the liability of online intermediaries when they host

third party information which would include listings offering products for sale on the EU market. This

exemption is meant to apply when the activity of the online intermediaries is of a mere technical,

automatic and passive nature, for example, that of a web server. However, this liability exemption

does not apply when an online marketplace is directly liable for the sale of illegal toys, when the online

marketplace is aware of illegal activity and does not act expeditiously or if it plays an active role (as

opposed to technical, automatic and passive). There is ECJ jurisprudence, “that explains that

‘optimizing or promoting the sale of toys’, which all online marketplaces do, means that they play an

active role.

In addition, many online marketplaces also provide services that go beyond merely providing a place

for sellers and buyers to find each other. For example, they might stock and transport the products,

2 COMMISSION NOTICES The ‘Blue Guide’ on the implementation of EU products rules 2016 (2016/C 272/01) and COMMISSION NOTICE on the market surveillance of products sold online (2017/C 250/01)

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prepare them for delivery, deliver the goods, provide information to buyers, provide payment services

and even provide customer services such as handling refunds or returns of products. We therefore

believe Article 14 should not apply to online marketplaces.

Article 15 of the e-Commerce directive prohibits imposing a general obligation on online

intermediaries to monitor information that they transmit or store. Specific monitoring obligations are

permitted3, as is monitoring pursuant to an order by national authorities. This would be relevant for:

- The proactive measures economic operators like importers need to undertake. Assessing whether

all sellers have complied with proactive- and traceability requirements could be considered

monitoring

- Detecting products that are already classified as illegal, for example toys that are placed on RAPEX.

On top of a possibility to require documentation and prior proof of conformity before allowing the

sale of toys, online marketplaces have technologies and automated search tools to detect similar

products (pictures, description) to those being classed as illegal. Proactive- and reactive measures

which importers and distributors need to apply according to product safety rules should not fall under

this exemption.

1.3.3. Market surveillance – theory vs reality

When dealing with traditional supply chains, authorities can easily contact EU-based economic

operators and hold them accountable. In the online world, this is impossible as the marketplace (often

the only EU-based economic operator that can be contacted) is not held accountable.

Another challenge is the volume: small packages are entering the EU by the billions through customs,

who do not have the resources to handle this. None of the dangerous toys TIE bought as part of its

investigation had been intercepted by customs.

If unsafe toys are discovered, the relevant ‘listing’ of that toy may be taken down but the same toy is

often still on sale in different listings (with same descriptions, same pictures). If marketplaces were to

apply effective proactive measures and meet traceability requirements, the identification of

dangerous toys would be much easier and this situation could be avoided.

The recently adopted Regulation on market surveillance and compliance of products4 also does not

clarify that online marketplaces are, or have similar obligations as, importers and distributors. It

stipulates that toys are only allowed on the EU when there is an economic operator in the EU that can

cooperate with market surveillance authorities. The new rules do not specify that online marketplaces

need to verify whether sellers adhere to these rules. It is unrealistic to expect market surveillance

authorities to verify whether billions of EU-addresses are correct, nor will it be possible to prosecute

against sellers if the EU-addresses are fake or absent.

Unless it is made clear that online marketplaces are legally speaking importers and are liable for

meeting the relevant obligations of importers, it will still be up to market surveillance authorities and

consumers to find out if toys offered for sale were dangerous.

3 confirmed by Recital 47 of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') 4 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products

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1.3.4. EU Product Safety Pledge – an ineffective commitment

In June 2018, several online marketplaces signed a Product Safety Pledge5 with the European

Commission, making voluntary commitments to improve the detection of unsafe products marketed

in the EU before they are sold to consumers or as soon thereafter as possible. Instead of clarifying that

online marketplaces have legal obligations under EU product safety and market surveillance rules and

the eCommerce Directive does not exempt them from such requirements, the Pledge gives the

impression actions by online marketplaces are optional.

1.4. Online marketplaces business model

Online marketplaces provide a platform through which consumers can view and buy goods from a

range of sellers. These sellers can be the owner of the platform, when it acts as a direct retailer, or

third-party vendors that open virtual stores on the platform where they can offer their products

provided that they comply with the marketplace’s terms and conditions.

While the business models of the existing online marketplaces and the services provided to third-party

vendors and consumers might differ, it is possible to group them in three categories:

1. Direct retailer

The owner of the marketplace is the vendor of the goods; therefore, it acts as a retailer. They

buy their toys from global and/or EU based suppliers and sell them directly to a consumer. In

this scenario, there are clear obligations which they need to undertake.

2. Fulfilment centre

Online marketplaces provide a fulfilment service to the sellers on the online marketplace. The

third-party seller places the items for sale on the platform but the toys are stored in

warehouse facilities of the online marketplaces who also packs and ships orders. Moreover,

the online marketplace might also offer aftersales customer services.

3. Third-party vendors

These vendors load their own products onto the platform. They can either use the fulfilment

centre (see above) or receive orders directly from consumers and ship those orders directly.

When not using the fulfilment centre, these vendors upload the information on the goods on

the platform and might pay a fee for the listing or a percentage of the sale value to the

platform. These third-party vendors might be based in the EU or across the world. They could

be the manufacturer of the product or a retailer.

5 Product Safety Pledge: Voluntary commitment of online marketplaces with respect to the safety of non-food consumer products sold online by third-party sellers

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2. Methodology

2.1. Selection of markets and online marketplaces

Markets

Seven national markets, EU countries with national toy industry associations, were selected for

assessment in the study:

• Denmark

• France

• Germany

• Italy

• The Netherlands

• Spain

• Sweden

Online marketplaces

TIE took the following steps to select online marketplaces:

1. The four target marketplaces, Amazon, AliExpress, eBay and Wish, were selected on the basis

of their importance and popularity among consumers. Figures from the European E-commerce

Report 20186 and the Cross-border E-commerce Shopper Survey 20187 indicated that these

four are among the most popular choices for doing shopping online.

2. The four online marketplaces selected were then assessed to check whether they place toys

on the market and actively target consumers in the seven national markets included in our

study. We verified the following elements:

• Possible country domain (for example .de, .es…)

• Possibility to ship the goods to the country;

• Language used on the website;

• Payment methods offered;

• Currencies accepted.

Although Amazon, eBay and Wish are originally from the US and AliExpress from China, all

four marketplaces are legally established in the EU.

3. AliExpress and Wish each have a single global website but specifically offer shipments to each

of the seven countries. Moreover, the website was available in relevant national languages

such as French, Spanish, German, Italian, Dutch, etc. In addition, customers could pay using

euros, but also other national currencies such as Danish krone or Swedish krona.

4. Amazon and eBay have set up different national websites. Although products available on

these websites can be shipped to a significant number of countries, it could also be argued

that these national websites are mainly targeting consumers of their country domain. The

information on the website is in the official language of the country of the country domain

and consumers have the possibility to select national payment methods such as Carte Bleue

in France or PostePay in Italy.

6 European E-commerce Report 2018 - Eurocommerce and Ecommerce Europe 7 Cross-border E-commerce Shopper Survey 2018 - International Post Corporation

https://www.eurocommerce.eu/media/159952/2018.07.02%20-%20Ecommerce%20report_annex.pdf

https://www.ipc.be/services/markets-and-regulations/cross-border-shopper-survey

15

5. Based on this, we decided to assess AliExpress and Wish in each of the seven EU countries.

The purchase of toys from Amazon and eBay only took place in the four countries where the

marketplace had a national domain. (Amazon.nl started to sell toys only very recently, after

we made the selection of toys).

6. The final selection of online marketplace for each market was the following:


The toys offered for sale on these marketplaces can be considered to be placed on the

market in the respective EU countries.

2.2. Selection of toys

The selection of toys had two objectives:

- To ensure a diverse sample in terms of types of toys to make sure it reflects the toy market in

general and not a particular issue with a specific type of toy.

- To closely replicate the behaviour of a typical consumer when searching for toys on an online

marketplace.

The objective of the investigation was to assess the gate keeper function of online marketplaces for

toys sold by third-party-sellers. As such the toy selection was based on certain criteria:

- Because reputable manufacturers invest time and efforts in ensuring the compliance of their

toys, toys from TIE direct and indirect members were therefore excluded from this study. These

economic operators meet the requirements for economic operators and it would not be possible

to assess the ‘gate-keeper’ function of online marketplaces for these toys. The selected toys

were therefore generally non-branded or from brands not commonly recognized in Europe.

- We focused on toys sold by third-party-sellers and excluded toys sold directly by the marketplace

as a retailer.

TIE took the following steps to select toys:

1. We defined a wide series of categories which covered most common products, ensuring that

a representative sample was assessed. The categories were:

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2. To replicate the experience of a typical consumer in the seven markets, national toy

associations were responsible for searching for the toys in their markets.

3. TIE supplied national associations with a list of generic search terms to be used to look for

products under each of the above. For example, for the category “Toys for children between

12-36 months”, the following key words were proposed:

▪ Puzzle

▪ Learning/educational toys

▪ Squishy toys (when offered for sale to children under 36 months)

▪ Bath toys

▪ Soft/plush books

▪ Musical instruments

The national associations had to use one which worked well in the national language.

4. Further ‘search’ guidance was issued to national associations:

- Key words were to be used in the national language of each of seven markets. Only if

these words did not return any relevant results, terms in English could be used.

- Product or price filters should not be used. The only exemption to this rule was set for

eBay where national associations were requested to filter for vendors with a

professional account as different rules apply to second-hand toys.

- Products were to be selected from the first page of the search results.

5. The national associations selected two toys from each of the above categories for each of the

online marketplaces. The criteria were not to select products from reputable manufacturers,

not to select second-hand products and select from the first page of search-results.

6. Once national associations selected 20 toys, they shared their selection and search results

with TIE, as shown below:

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7. TIE verified the selections to avoid purchasing the same product, discard possible branded

products and ensure that there was a variety in products purchased from the same category

(so not only puzzles in the category “Toys for children between 12-36 months”). The final

result of this check was a list of 10 products to be bought by the national association.

8. All the products were bought by the seven national toy associations and delivered in their

country. After that, the associations sent them to TIE for expert assessment.

2.3. Product assessment

Before the actual product assessment could take place, a documenting phase was required. The goal

was to gather information on how each of the toys was being marketed in each online marketplace.

National associations reviewed the product listing and collected as much information as possible

about the following items:

Product description

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Product information

Pictures used to display the product

Customer reviews

Shipping methods

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Payment methods

Seller information

In addition to the visual evidence gathered, full details were recorded on a spreadsheet summary for

each of the toys.

After arrival at TIE’s offices in Brussels, each of the toys and their packaging were photographed as

described below:

20

TIE’s internal safety expert did a first compliance check. The toys and their packaging were assessed

for compliance with Toy Safety Directive provisions. This included verifying if the toy was compliant in

terms of:

• CE marking;

• Safety warnings;

• Language packaging requirements;

• Availability of name and address of manufacturer;

• Availability of name and address of importer;

• Other required markings (for battery powered toys, electronic and electrical toys, etc.)

Based on the conclusions of the compliance checks, TIE internal safety expert identified toys that were

to be tested by an independent testing laboratory in order to detect potential safety risks. For

budgetary reasons, not all toys were sent for independent testing and toys tested by the testing lab

were not tested for all possible safety failures (for example there are thousands of chemical

substances restricted in toys) The independent testing laboratory, Bureau Veritas in France, is an

accredited lab and Notified Body under the Toy Safety Directive. Based on the nature of the toys, the

independent testing for toys included:

• Testing for compliance with EN-71-1 (mechanical and physical properties of the toys)

• Testing for compliance with EN-71-2 (flammability)

• Testing for compliance with EN-71-3 (migration of toxic elements)

• Testing for azodyes requirements

• Testing for phthalates content

• Testing for compliance with EN 62115 (electric toys)

• Testing for cadmium limits

• Testing for compliance with EN 14682 (safety of children’s clothing)

21

3. Results

3.1. Figures

Overall, 220 toys were bought from four different online marketplaces:


Denmark 10 10

France 10 10 10 10

Germany 10 10 10 10

Italy 10 10 10 10

Netherlands 10 10

Spain 10 10 10 10

Sweden 10 10

TOTAL 70 40 40 70

Sixteen ordered toys did not arrive in time, or not at all, to consider them for the project. 204 toys

were finally received by national associations at their offices and then send to TIE in Brussels for

assessment.

Although branded products were not targeted by our study, several were identified as potential

counterfeits when received. 11 toys were put aside and all info was handed over the brand-owners to

take appropriate action.

TIE’s internal safety expert proceeded to assess the compliance of 193 toys with the provisions of the

Toy Safety Directive.

Based on the conclusions of the first compliance check, TIE’s internal safety expert selected 134 toys

to be sent to a testing laboratory for some selected further checks. They were not tested against every

possible infringement of EU’s product safety legislation.

The results of the assessment were the following:

Over 97% non-compliant

97.4% of the 193 toys assessed were non-compliant with the Toy Safety Directive and are therefore

illegal products not to be placed on the EU market. There were at least 547 instances of non-

compliance: the most common were the lack of compliance with the traceability obligations and the

lack or inappropriateness of the safety warnings displayed on the toy or its packaging.

22

This is significantly higher than results of regular market surveillance actions, which are targeted

actions, i.e. authorities target suspected non-compliant products, for which the European Commission

has reported that non-compliance was found on average in 32% of inspections conducted in the field

of toys8.

Over 76% failed safety testing

76,8% of the 134 toys that were sent to a testing laboratory failed to comply with the required safety

standards and, therefore, were classed as dangerous toys that could pose a risk to children playing

with them. On top of that, four toys were already classified as dangerous based on the assessment of

TIE’s inhouse toy safety expert: they were floating seats sold as a toy. Because of the specific function

of floating sears which requires constant adult supervision, they should not be sold as a toy but should

comply with the General Product Safety Directive. Otherwise, this leads to the risk of drowning. The

dangerous toys represented almost 55% of our total sample of 193 toys. This does not mean that the

rest of the toys were necessarily safe because of two reasons:

1. 59 toys (31% of total sample) were not safety tested;

2. The 134 toys that were sent to a testing laboratory were not tested against every possible

safety risk, such as all of the thousands of chemical substances that are restricted in toys. Also,

only a few were tested for acoustic requirements which means that damage to hearing was

not assessed for all toys clearly designed to emit sound.Therefore, those toys that passed the

partial safety tests may have other safety risks for which they were not tested.

The safety checks carried out by TIE’s internal safety expert and the independent testing laboratories

revealed 191 risks. A significant proportion of these risks (82,7%) were related to the mechanical and

physical properties of the toys assessed. Risks related to the lack of compliance with the standards on

chemicals represented a 13,6% of the total risks. Finally, a number of risks were caused by the lack of

compliance with other safety standards such as for electric toys (EN 62115) or for flammability (EN-

71-2).

8 COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT (SWD(2017) 466 final) Accompanying the document Proposal for a Regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products

23

Similarities in (non-) safety rates between countries and between marketplaces.

Regarding the countries and the four online marketplaces, there were no significant differences in

terms of the number of non-compliant and unsafe toys detected.

3.2. Main risks

The Toy Safety Directive requires manufacturers to carry out an analysis of the chemical, physical,

mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present. In

addition, it specifies that toys, including the chemicals they contain, shall not jeopardise the safety or

health of users or third parties when they are used as intended or in a foreseeable way, bearing in

mind the behaviour of children.

24

At least 55% of the toys assessed did not comply with these requirements and 191 potential safety

risks were detected.

The following 11 risks represented more than 95% of the risks observed:

# Risk Image Description

1 Small parts

release

Toys that might be intended for all

ages (or for children under 36

months) and their components parts

must be of such dimensions to

prevent being swallowed or inhaled.

These dimensions are meant to avoid

a possible risk of choking by

obstructing the airways.

2 Packaging

thickness

Plastic packaging made of flexible

material should be of a certain

thickness to prevent a possible risk of

suffocation from packaging that can

cover the mouth and the nose.

3 Shape and size

Toys intended for children under 36

months should have a shape and size

that avoids a possible risk of

impaction (pressing the back of the

throat) for children too young to sit

unaided (under 10 months).

4 Phthalates

Phthalates are used to make certain

plastics more flexible and harder to

break. Their use in toys, especially for

those meant to be put in the mouth,

is highly restricted in the EU due to

their CMR and potential endocrine

disruptor properties.

5 Access to

stuffing material

Soft toys should not allow children to

have access to the stuffing material.

There is a risk that a child might put a

clump of the stuffing material in the

mouth and choke.

6 Sharp points

Toys or their components should not

present sharp edges or points that

could puncture/cut the skin of the

children.

25

# Risk Image Description

7 Boron migration

Boron is a chemical that is used in

slimes to generate the

stretchy/elastic consistency that

slime is known for. In order to avoid

potential adverse health effects it is

necessary to limit the potential

migration of this chemical to levels

that pose no risks.

8 Small ball release

Small balls in toys that might be

intended for all ages (or for children

under 36 months) must be of such

dimensions to prevent a possible risk

of choking by obstructing the upper

throat.

9 Long cords

Cords in toys that might be intended

for all ages (or for children under 36

months) must be of such dimensions

to prevent a risk of strangulation.

10 Suction cups

Suction cups in toys must be of such

dimensions to prevent a possible risk

of choking by obstructing the upper

throat. Requirements are set for toys

intended for all ages (or for children

under 36 months) and also for suction

cups on projectiles for toys for older

children.

11 Short circuit

Electric toys shall be constructed in

such a way that a short-circuit created

between parts of different polarities

does not lead to a risk of electric

shock or burns due to a temperature

rise. This requirement also applies

certain situations for batteries when

inserted in the battery compartment.

26

3.3. Other issues detected

In addition to the lack of compliance with the Toy Safety Directive provisions, our study detected other

concerning issues about the products available on the online platforms.

3.3.1. Reviews pointing out safety issues are ignored

User reviews can be a good source of information about the product. Potential consumers can check

others’ experiences regarding the quality of the product, the service of the seller or the speed of the

shipment. These reviews can also be a source of information for marketplaces. In fact, some platforms,

such as Amazon or Wish, partly use information from these ratings to differentiate certain products.

These products might be awarded with labels such as “Amazon choice9” or “Verified by Wish

shoppers10”.

Given that marketplaces can use information from ratings, it is concerning to see that they do not

exhaustively scan negative reviews to detect and potentially ban dangerous products. Many negative

reviews reflect unsatisfactory customer experiences unrelated to safety, However, others reviewers

write specifically to flag up potential safety flaws such as the release of small parts which is particularly

risky for children under 36 months. Reviewers have used words such as “dangerous”, “harm” or

“choke”, but since the toys can still be bought at the time of writing, the presence of these words in

the reviews does not trigger an alert. Moreover, some of these reviews are at least 6 months old.

3.3.2. Misleading advertising

Vendors frequently include claims on their product description stating that size might be slightly

different due to manual measurement and colour might differ because of the screen configuration.

However, these claims are frequently found mixed with the product description and might not be

always noticed by consumers. In some cases, the images used are clearly misleading consumers who

might end up receiving a product not up to their expectations.

9 Here's what it means when an item is marked 'Amazon's Choice' on Business Insider France 10 Verified by Wish program on Wish Merchants Help Center

https://www.businessinsider.com/what-is-amazons-choice-2018-5?international=true&r=US&IR=T

https://merchantfaq.wish.com/hc/en-us/articles/219005988-Verified-by-Wish-Program

27

Small car: the first picture customers see shows a car much larger than the real one. The real size and the claim are found at the bottom of the page. Moreover, some customers have already pointed out that the car is smaller than on the picture.

Slime: the pictures show a slime with five colours (none of them brown) each of them in a point of

the star. The product description includes a note stating that the real colour of the item may be

slightly different from pictures shown because of the brightness of the screen. The item received

has only two colour and one (brown) was not even present in the pictures.

Puzzle: the pictures display different puzzle designs and the description of the product states that

the design will be selected randomly by the vendor. However, the puzzle which was finally received

is not even displayed on the pictures.

3.3.3. Inadequate customs declaration

Under current VAT rules11, Member States can establish a VAT relief for imported goods of a value

below €22. Once new VAT rules entry into force in 2021, this exemption will be removed in order to

ensure a level playing field for EU business12.

11 Council Directive 2009/132/EC of 19October 2009 determining the scope of Article 143(b) and (c) of Directive

2006/112/EC as regards exemption from value added tax on the final importation of certain goods 12 Council Directive (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods

28

While only three of the toys bought for this project cost more than the €22 threshold, shippers

mislabelled all three of them with a lower value:

• Arch bought in the Netherlands → the price was 35€ but it was declared as 1.81€ (2$)

• Magnetic Toy bought in Italy → the price was 25€ but it was declared as 13.59 € (15$)

• Arch bought in Italy → the price was 24€ but it was declared as 1.81€ (2$)

Other issues detected in the customs declaration by our study were:

• Goods being declared as gifts despite the existence of a commercial transaction.

• Use of generic words to describe the goods such as toy, children toys, etc.

• Use of codes and/or product references to describe the product.

• Use of unrelated and/or misleading words such as hammer, decoration, repair tool, ring, etc.

3.3.4. Counterfeit products

Even though we did not actively search for counterfeits, 15 toys were identified as suspected IPR

infringing products and were reported to their brands. For 11 of them, we had transferred the full

dossier directly to the Right Holder so they could take action.

One of the counterfeited products was a clear trademark infringement. Despite the genuine

manufacturer confirming they were not using a certain online platform to sell their products, a seller

based in China had set up an account and included images and logos from a reputable toy

manufacturer.

IP infringements are a regular problem on some online marketplaces. This year, the US included

several European domains of Amazon in its list of Notorious Markets for Counterfeiting and Piracy13.

In June 2019, the EUIPO has published a report14 showing the extent of the dangers to health posed

by counterfeit goods, as evidenced by the alerts submitted by EU market surveillance authorities in

the Commission’s “Rapid Alert System for dangerous non-food products”, concentrating on the seven

most common risks reported in the alerts analysed: chemical, injuries, strangulation, choking, electric

shock, damage to hearing and fire risks. The study found that 97% of recorded dangerous counterfeit

goods were assessed as posing a serious risk. Toys are the most popular type of product followed by

clothing, textiles and fashion items. Furthermore, the study emphasises that the end users of 80% of

the goods reported to be dangerous and counterfeit were children (toys, childcare items and

children’s clothing).

13 2019 Review of Notorious Markets for Counterfeiting and Piracy 14 EUIPO(2019) Qualitative Study on Risks posed by Counterfeits to Consumers

https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/2019_Risks_Posed_by_Counterfeits_to_Consumers_Study/2019_Risks_Posed_by_Counterfeits_to_Consumers_Study.pdf

29

4. Actions taken by Online Marketplaces 4.1 Informing marketplaces

After assessment of the toys was concluded, TIE notified each of the online marketplaces about the

listings with illegal and dangerous toys we had detected and we:

- offered to share our detailed safety assessment including test reports from the

accredited laboratory;

- urged them to take action to prevent these toys from being sold to European

consumers as soon as possible;

- warn consumers who have already bought these toys to avoid that a child is harmed

4.2 Proactively obtaining evidence Only Amazon reacted positively to our offer of providing our detailed safety assessment including test

reports.

None of the other online marketplaces reacted positiveky to our offer to share detailed evdence.

4.3 Informing market surveillance authorities Amazon also alerted the Luxembourgish market surveillance (Amazon’s European HQ is based in

Luxembourg). None of the other marketplaces reached out proactively to market surveillance

authorities regarding the illegal and dangerous toys being sold on their marketplaces.

4.4 Taking down listings AliExpress, Amazon and eBay reacted within five days and took down the notified listings.

Wish reacted after two weeks informing us that their Content Operations team would review the

mentioned items and will act accordingly to their policies. After another reminder two weeks later,

Wish removed the listings of dangerous toys. Wish started to take down the listings approximately

one month after being informed by TIE. Not all the listings were taken down and at the time of writing

this report, some listings of products classed as “illegal” are still active.

4.5 Informing sellers Marketplaces informed us that they notified the relevant sellers. A seller from Wish reached out to us

to indicate that he was very surprised by our conclusions as he had “euro CE Certification” for the

product and Wish never asked for any documentation. We asked if he could share the relevant

technical documentation. The document he provided showed that it was not even a Declaration of

Conformity (DoC), a basic document all importers need to verify, but a document concerning a Radio-

Controlled Robot Toy (whereas the product in question was a rattle). This clearly demonstrates that

Wish does not even request basic proof from sellers that they comply with EU product safety rules.

4.6 Informing consumers Whereas the marketplaces agreed our warning provided them with sufficient information to take

down the listings of the toys notified, they did not immediately inform consumers who had already

bought these toys. Since our national associations had bought the toys in questions, they would also

be informed if such a warning was sent.

During our exchanges with the marketplaces, several of them argued that 1) it was the responsibility

of the 3rd party seller to inform consumers, and 2) they could only step in once the products were

notified on RAPEX.

30

Although TIE reported the findings of our project to online marketplaces in October 2019, the first

messages informing consumers about the danger arrived in late December 2019.

Wish

Wish was the first online marketplace to so inform some consumers. However, based on the feedback

provided by our national associations, only 12 communications from Wish have been received out of

31 toys reported as potentially dangerous. These notifications did not specify why the toy was

dangerous and the instructions to consumers were very vague: it advised to stop using the toy at

consumer’s own discretion.

We recently received communications from Toy Industries of Europe (TIE) regarding a product you purchased. We regret to inform you that the 10pcs Baby Bath Toys Rubber Squeaky Animals Water ... product you have purchased does not comply with the EU Toy Safety Directive. For Wish, customer safety is very important. We ask you to stop using this product, at your discretion.

A concerning issue is that Wish did not seem to have inform all the buyers for all the toys that we

notified. It seems that notifications were only sent in certain anguages or consulers in certain

countries. As TIE was mentioned in their notification, a consumer from Italy contacted TIE to ask for

more information about a dangerous rattle he had purchased for his baby. This product, a plush toy

for babies, had been bought in Denmark. However, our Danish association never received a

notification to stop using that toy.

Amazon

Amazon started informing consumers about the risks posed by some of the toys (listed on RAPEX) in

January 2020. In France, our member association received notifications for two of the six dangerous

toys bought on Amazon.fr (two of the nine illegal or unsafe toys). In Spain, our member association

received notifications for four of the six dangerous toys bought on Amazon.es (four of the nine illegal

or unsafe toys) . In Germany, our member association received notifications for two of the five

dangerous toys bought on Amazon.de (two of the eight illegal or unsafe toys). These notifications were

more exhaustive than those sent by Wish as they included:

31

• Risks posed by the toy;

• Link to the product notification on Safety Gate;

• A request to stop using the toy and return it to Amazon;

• Instructions on how to return the toy and get a refund;

• A disclaim on Amazon bearing the costs of the refund.

Dear Customer, The European Commission - Safety Gate has published a notification of recall for one or more products, indicated below, that you have purchased on Amazon.it, due to the risk of suffocation, injury and presence of chemicals. You can find more information in the notification official, available at the link: https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/alerts/?event=viewProduct&reference=A12/1789/19&lng=it. Product: Dinosaur Flybiz Bath Toys in Soft Rubber with Bath Bag (6PCS), Elegant Toys with Storage Bag a Net, Bath Toys for Children and Toys for Young Children If you have received the above product, please don't use it. If you bought this product for someone else, please forward this communication to inform him. We therefore invite you to stop using it immediately and return it to Amazon, so we can get a full refund. To request a return, visit our online Return Center: https://www.amazon.it/resi If it is not possible to request a return using our Return center as more than 30 days have passed since delivery, you please return the item to the following address, using a shipping method traceable and including a return within the return copy of the original order purchase receipt or a note with the your order number: Amazon.it - Returns Strada Dogana Po, 2 / U Castel San Giovanni (PC) 29015 Italy

https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/alerts/?event=viewProduct&reference=A12/1789/19&lng=it

https://www.amazon.it/resi

32

When your return is received by our Distribution Center, we will send a confirmation email and issue a refund. The refund it will be visible within 5-7 working days from the issue and you will find it credited to your next bank statement. If you used a voucher gift as a payment method, you will be able to view the refund credited to your account balance within 1 business day of when it was issued. Return costs will be refunded to you. Send a copy of the receipt of expenses incurred at [email protected]. Sorry for any inconvenience, but we trust you understand that security is there customer satisfaction is of paramount importance to us. Sincerely, Amazon

AliExpress

None of the national associations received a message that the toy they bought on AliExpress was

dangerous or illegal. OAne member indicated that whereas they were not notified that the listing of

the dangerous toy they purchased was taken down, the online marketplace was able to send e-mails

regarding offers on toys that appeared identical to the dangerous ones

eBay

None of the national associations received a message that the toy they bought on eBay was dangerous

or illegal.

4.7 Preventing sale of products listed on RAPEX/Safety Gate

Following decisions from market surveillance authorities in Denmark and Luxembourg, a range of the

toys notified by TIE was listed on RAPEX/Safety Gate.

We also found out that one of the products bought for the project was already listed on RAPEX before

it was bought by the national association. The product in question, a floating device we bought from

Amazon.fr was listed on RAPEX because of high levels of phthalates.

Nineteen toys were notified on Safety Gate between November and December 2019. TIE decided to

check at the beginning of January 2020 if the products had been removed from AliExpress, Amazon

and eBay in line with the commitments they made in the Safety Pledge. A second check was done in

March 2020 and a third check in June 2020. The results were quite similar and demonstrated that

online marketplaces have difficulties (or do not undertake sufficient efforts) to prevent the sale of

seemingly identical products to those notified on Safety Gate on their websites.

Platform AliExpress Amazon eBay

Available in Available in Available in

Toy on RAPEX January

2020

March

2020

June

2020

January

2020

March

2020

June

2020

January

2020

March

2020

June

2020

Yes Yes Yes Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes Yes Yes Yes Yes

33




Yes Yes

Yes

Yes Yes Yes

Yes Yes Yes Yes Yes Yes Yes

Yes

Yes Yes Yes

Yes Yes Yes Yes

Yes Yes Yes Yes Yes Yes Yes




Yes Yes Yes

34

Yes

Yes Yes Yes

Yes Yes Yes Yes Yes Yes

Yes Yes Yes Yes

TOTAL 12 14 15 13 15 16 10 12 6

4.7 Avoiding identical listings TIE has also checked if seemingly identical listings of the products found dangerous or illegal and

notified in October 2019 are still available on each of the marketplaces to which we notified them in

June 2020.

AliExpress At least 25 out 54 illegal toys are still available At least 17 out of 31 dangerous toys are still available Amazon At least 21 out of 36 illegal toys are still available. At least 15 out of 22 dangerous toys are still available eBay At least 12 out of 32 illegal toys are still available At least 8 out of 22 dangerous toys are still available $ Wish At least 41 out of 67 of illegal toys from Wish are still available At least 20 out of 31 dangerous toys from Wish are still available

5. Public Authorities None of the dangerous and illegal toys were intercepted by customs officials.

From November 2019 onwards, TIE’s seven national associations participating in this project informed

their national market surveillance authorities about the findings of our project and share al details on

the safe toys on each respective market.

35

The Danish Authorities were the first ones to act. They contacted TIE’s internal safety expert to get

more information about the methodology used to test the toys. Moreover, they asked to receive a

sample of the toys bought online. These samples were shipped to Denmark at the beginning of

December 2019. The first notifications on Safety Gate arrived on the second week of January 2020.

Overall, five toys (three from AliExpress and two from Wish) have been notified out of 10 dangerous

toys.

The rest of market surveillance authorities have acknowledged the reception of the findings. However,

no further notifications have been issued yet.

TIE also provided all safety assessments including test reports to the European Commission who

indicated products can be notified on RAPEX following a notification from a national market

surveillance authority.

6. Conclusions and Recommendations Online platforms host unreputable sellers as part of their business model but those platforms do not

assume enough responsibility for the safety of the consumers that they ultimately make money from.

Because existing EU guidance does not recognise the of role online marketplaces in the toy supply

chain, they can sidestep their responsibility to ensure the safety of toys sold on their platform.

The outcome of our project clearly demonstrates that obligations for economic operators to ensure

only safe toys are placed on the market in the EU are generally not applied in the world of online

marketplaces. This seriously undermines the strict EU toy safety rules and puts children at risk.

Proactive measures

The easily availability of illegal and dangerous toys (over 97% did not comply) on all online

marketplaces investigated demonstrates that proactive measures are not in place and/or not

effectively applied. Information from the seller on Wish.com who informed TIE that no proof to

demonstrate compliance was requested shows that documentation is not requested from sellers on

that platform.

Taking proactive measures (see overleaf) is most important to ensure dangerous toys do not end-up

on the EU-market in the first place. They are especially crucial because market surveillance is very

challenging in the online world and customs officials cannot realistically be expected to control the

large influx of small packages. If all online marketplaces had instated effective proactive measures,

they would have also been more effective in taking reactive measures.

Traceability requirements

83% of the toys bought as part of our project did not include necessary traceability information (see

overleaf). This demonstrates that compliance with these requirements is not done effectively.

Reactive actions

All of the online marketplaces took action. However, none of the marketplaces took sufficient action

to avoid identical listings. As a result, European consumers are still exposed to the dangerous toys we

discovered:

36

- Initially, the marketplaces only withdrew the relevant listings and did not inform

consumers.

- Amazon arranged a recall, including providing detailed information to consumers

who had bought the toy from the specific listing once some of the toys were notified

on RAPEX.

- Wish informed a number of consumers, albeit without clear explanations and

instructions.

- Only Amazon informed market surveillance authorities

The prevalence of identical listings still available on online marketplaces shows that reactive actions,

such as those detailed on the following page, have not been effective enough. In fact, they are usually

caused by a lack of pro-active measures implemented and traceability. If marketplaces had

implemented effective proactive measures and ensured traceability, they would be able to better

identify identical listings. Also, that would ensure that sufficient details can be included in a RAPEX

notification.

Need for clear rules for online marketplaces

EU policy makers must specify that online marketplaces are importers or distributors of toys – and

set similar responsibilities for them.

The easiest solution would be to recognise online marketplaces as importers if the seller and

manufacturer is based outside the EU and as distributor if there is an EU importer or manufacturer.

This can be done through the revision of the Blue Guide on EU Product Rules and the Guidelines for

Article 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products.

However, since the rules are not clear-cut on this, we believe the the Digital Services Act and the

revision of the General Product Safety Directive should provide further clarity. The new and revised

rules must make sure online marketplaces are required to:

- prevent dangerous toys to be offered for sale on their platforms (proactive measures)

- react effectively when unsafe toys are discovered (reactive actions)

- screen toy sellers and collect verified contact information (traceability requirements)

Proactive actions: Online marketplaces should be obliged to take proactive actions to avoid that

dangerous toys are offered for sale to EU consumers. Market surveillance authorities should be able

to sanction them in case they fail to adhere to the rules. If marketplaces cannot assure that a toy is

safe for children to play with, they should not facilitate and profit from its sale to European consumers.

This does not mean that marketplaces should physically inspect every toy sold on their website, nor

should they be fully liable in the same way as a manufacturer. It simply means that they should be

subject to the same due care requirements that apply to toy importers and distributors. For example,

they should make sure that the appropriate conformity assessment procedure has been carried out

by the manufacturer and technical documentation has been drawn up. This will also make it easier to

act when unsafe toys are detected, for example to identify identical listings.

Criticism that this is undoable for large marketplaces because of the vast number of listings on their

sites is unfounded. That would mean that we place the burden fully on public authorities like customs

officials. Customs officials are not equipped to deal with the influx of small packages.

37

Traceability/’know your service provider’ requirements: Opening a seller-account on online

marketplaces often just requires an email address. Some marketplaces demand additional credentials,

but these can be forged and are not verified. As a result, sellers are difficult to identify and tracing

them is extremely burdensome and difficult. Furthermore, bad actors can have multiple accounts and

simply switch accounts when one account is discovered to be offering unsafe products or is ultimately

removed.

At a minimum, online marketplaces should collect and verify contact information for sellers prior to

allowing an account. Data on illegal products and illicit traders should be shared with authorities.

Otherwise, there is no possibility to enforce safety rules on sellers. Verified information will also allow

online marketplace to avoid that the same seller reappears under a new account.

Reactive actions: Even when the best proactive measures are in place, some products may still be

found to be unsafe. Effective reactive actions are therefore crucial. Online marketplaces with third-

party sellers should:

- Operate a ‘notice, take down & stay down’ policy. There should be a short timeframe (for

example two days) specified by law for the removal of any unsafe toys notified by public

authorities. This should also apply to identical listings;

- Recall unsafe products and inform consumers. Marketplaces know which consumers have

already bought which product. Platforms should have an obligation to inform consumers in case

they bought a product that is unsafe or illegal. None of the marketplaces we made aware of

dangerous toys on their platform immediately informed consumers who had already bought these

toys. Often, they indicated that this was the responsibility of the seller or they could only do this

if the toy was notified on RAPEX;

- Cooperate with Market Surveillance Authorities. Online marketplaces should be required to

collaborate with market surveillance authorities and inform them as soon as they are aware of

dangerous products being sold on their platform. Only one of the marketplaces we contacted

informed the relevant market surveillance authorities.

Opportunities for policy change at EU level:

- Update of ‘Blue Guide on EU Product Rules’ and ‘Guidelines for Article 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products’: Both documents are currently being assessed by the European Commission. They should specify that an online marketplace should be considered an ‘importer’ or a ‘distributor’ and should adhere to all relevant obligations.

- Revision of the General Product Safety Directive (2001/95/EC): The new legislative proposal planned for 2021 must establish clear obligations for online marketplaces, including traceability requirements and proactive- and reactive measures.

- Digital Services Act/Revision of the e-Commerce Directive (2000/31/EC): The legislative proposals planned for 2021 should look at: ▪ due-diligence requirements and enforcement of ‘know your service provider

requirements’ on online marketplaces; ▪ the liability rules for online platforms. The review offers an opportunity to provide clear

rules for online marketplaces, for example through specific liability rules for online marketplaces or to make it clear that online marketplaces are not exempt from obligations under EU-product safety rules;

▪ The exemption from general monitoring obligations for intermediary service providers. This should not shield online marketplaces from obligations in the field of product safety.

5. Annexes

5.1. List of toys

5.1.1. AliExpress

# Product name Photo Country Compliant? Reasons for Non-

compliance Safe? Risks posed

1 Hot sale 2019 Classic toys various soft floating rubber ducks water swimming play baby bath toys random delivery duck

Denmark NO No name nor address on toy/packaging Some ducks have the CE marking, others do not

N/A Pass REACH Annex XVII phthalates restriction (selected components)

2 Baby Cloth Book of Bath Potty Children Early cognitive Development Quiet Books Unfolding Activity Book Toys For Kids

Denmark NO Packaging information in English


39



3 Cute Kawaii Soft Squishy Melkpak Milk Box Toy Slow Rising Squishy Squeeze Toy For Children Adults Reliever Stress Gift SMSNXY

Denmark NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

N/A No testing conducted

4 1pc Mini Cartoon Lovely Cupcake Doll Transformed Scented Beautiful Cute Cake Doll Toy Girls Surprise Birthday Gift for Children

Denmark NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 Inappropriate CE marking (illegible)

NO FAILED Phthalates content - 6,14% DINP, 1,98 % DEHP (81 times over the limit) – Chemical hazard – SERIOUS RISK

5 Baby Toys Animal Family Finger Puppets Wooden Cartoon Theater Soft Doll Kids Educational Toys for Children Popular Gift Play

Denmark NO No name nor address on toy/packaging No CE marking

NO FAILED EN 71-1 - small parts release - shape and size -packaging thickness – Choking, impaction and suffocation hazards – SERIOUS RISK

6 23CM Inflatable Colorful Toys Ball Inflated Beach Balls Outdoor Fun Sport Toys Summer Holiday Swimming Pool Float Game


NO FAILED Phthalates content - 0,16% DBP, 24,4 % DEHP (245 times over the limit) – Chemical hazard – SERIOUS RISK

40



7 Children's play house puzzle doctor toy set Boy girl simulation doctor role play doctor game

Denmark NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3


8 1pc pistol Children toys gun Soft Bullet Gun plastic Revolver Kids Fun Outdoor game shooter toy gun Classic Toys funny gift

Denmark NO No name nor address on toy/packaging 0-3 present but inappropriate warning for under 3 (not legible) No warnings for projectile toys

NO FAILED EN 71-1 - suction cups release -missing warning for hazardous functional sharp points - packaging thickness - Choking, puncture/laceration and suffocation hazards – SERIOUS RISK

9 13 pièces mignon animaux natation eau jouets coloré doux caoutchouc flotteur serrer son grinçant jouet de bain pour bébé jouets de bain GYH

France NO No name nor address on toy/packaging No CE marking Potential small pieces already detached when the toy was received

NO FAILED EN 71-1 - small parts release and as received- shape and size -packaging thickness – Choking, suffocation & impaction hazards – SERIOUS RISK FAILED Phthalates total content (14,37% DEHP and 0,08% DINP) - 145 times over

41



the limit - Chemical hazard – SERIOUS RISK

10 Bébé hochet jouets enfant en bas âge musical infantile jouets bébé en plastique main Jingle secouant cloche nouveau-né éducatif enfant hochet enfant 2016

France NO All packaging information in Chinese No CE marking Recommended for over 3 months but sold as suitable for 0-12 months

NO FAILED EN 71-1 - small parts release – shape and size - Choking & impaction hazards – SERIOUS RISK

11 12 SET coloré en bois Animal bande dessinée en forme de cheville Puzzle apprentissage éducation jouets enfants Puzzles cadeaux créatifs enfants présents

France NO All packaging information in Chinese No CE marking Inappropriate age recommendation (+36 months) and 0-3 sign as the toy is intended for all ages

NO FAILED EN 71-1 - small parts release - Choking hazard – SERIOUS RISK

12 Anneau de bébé cloche jouets vocaux arc-en-ciel Shaker bâton jouet éducatif poignée en bois activité cloche anneau arc-en-ciel Instrument de musique

France NO No name nor address on toy/packaging No CE marking

NO FAILED EN 71-1 - small parts release - shape and size - sharp points – packaging thickness - Choking, puncture, suffocation & impaction hazards – SERIOUS RISK

42



13 19 CM Original Peppa Pig famille George papa maman Pelucia peluche poupée en peluche jouets pour enfants cadeaux d'anniversaire

France NO SUSPECTED COUNTERFEIT No name nor address on toy/packaging No CE marking


14 Dessin animé Dragon Ball Z fils GoKu déguisement adulte enfant déguisement Halloween


NO FAILED EN 71-2 -wig flammability behaviour - Burning hazard – SERIOUS RISK Pass REACH Annex XVII azodyes restriction (selected components)

15 2018 Tamagotchi jouets électroniques pour animaux de compagnie 90 S nostalgique 168 animaux de compagnie dans un cyberjouet virtuel pour animaux de compagnie pingouins Tamagochi jouet couleur aléatoire

France NO No name nor address on toy/packaging 0-3 sign present but under 3 warning in English. However, product is advertised as suitable for over 6 months


43



16 2019 nouveau dessin animé été piscine de plage extérieure gonflable flotteur cercle matelas anneau de bain siège bateau eau Fun enfants jouets

France NO Floating chairs are learning devices, and not toys. The General Product Safety Directive covers them. Therefore, they cannot be designed in such a way that would lead parents and children to confuse this “learning device” with a toy. If market surveillance authorities find floating seats sold with the CE marking, or produced to give the appearance that they are toys, they shall proceed to remove them from the market.

NO No testing conducted

17 Kit de jouets de sport de tir en plein air pour enfants ensemble d'émulation d'arc et de flèche pour enfants-9922-19

France NO Information and warnings in English


44



18 Hohe Qualität Sicher Baby Beißring Spielzeug Kleinkind Krippe Rassel Biegsamen Aktivität Ausbildung Zahnbürste Kauen Zahnen Spielzeug 0 ~ 24 Monate

Germany NO No name nor address on toy/packaging No CE marking

NO FAILED EN 71-1 - small parts release - shape and size- Choking & impaction hazards – SERIOUS RISK

19 HIINST Squishy Spielzeug Langsam Rising Für Kinder Babys Jumbo Fütterung Flasche Nette Squishy Spielzeug Stressabbau Kinder Kinder Wurf Geschenk

Germany NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3


20 Mini Bunte Xylophon Kinder Percussion Musical Instrument Kleinkinder Durable Kunststoff Hämmerte Früh Pädagogisches Spielzeug

Germany NO All packaging information in Chinese No CE marking

N/A Failed EN71-1 for missing labeling only

45



21 60x1 zoll mini kunststoff baby kinder



22 Bagtan Boys kpop Btata 21 koya cooky rj suga chimmy Keychain Pelz Ball plüsch-schlüsselanhänger Chimmy Handtasche Charme Zubehör Anhänger


NO FAILED EN 71-1 - small parts/ball release -choking hazard -SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

23 Elektronische Reden Verschiedene Sprache Singen Esel Kühe Plüsch Mädchen und Junge Spielzeug Nette Sprechen Musik und Zu Fuß Puppen Haustiere

Germany NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3 No labelling according to EN 62115

NO FAILED EN 62115 - battery short circuit - overheating up to 100°C - Burning hazard - SERIOUS RISK FAILED EN 71-1 - packaging thickness - Suffocation hazard – SERIOUS RISK

46



24 Giocattoli del bambino di Legno di Faggio Orso Mano Dentizione Anello di Legno Può Masticare Perline Crepitii Del Bambino Giocare Palestra Montessori Giocattoli Passeggino

Italy NO No name nor address on toy/packaging No CE marking

NO FAILED EN 71-1 - shape and size and packaging thickness - impaction and suffocation hazards -SERIOUS RISK

25 Bambino Giocattoli Da Bagno Libri Bagno Impermeabile Giocattolo Con BB fischio Acqua Libro Da Bagno Per Il Bambino Precoce Educativo di Nuoto Costume Da Bagno Giocattolo



26 1/2/3/4/10 pezzi Colorati Maracas In Legno Del Bambino Del Bambino Strumento Musicale Rattle Shaker Partito regalo dei bambini Del Giocattolo

Italy NO No name nor address on toy/packaging Product is advertised as suitable for children over 3 years No CE marking

NO FAILED EN 71-1 - shape and size and small parts release - impaction and choking hazards – SERIOUS RISK

47



27 Giocattoli Per Bambini Montessori Puzzle Di Legno/Mano Afferrare Bordo Set Educational Jigsaw Giocattolo Del Fumetto Del Giocattolo Del Veicolo/Marine Animale Di Puzzle Bambino regalo


NO FAILED EN 71-1 - small parts release - choking hazard – SERIOUS RISK

28 20 centimetri di Cotone Morbido Arcobaleno Alpaca Farcito Peluche Giocattolo Bambola Arcobaleno Cavallo Lama Animali Giocattoli Per I Bambini Di Compleanno Regali Di Natale

Italy NO No name nor address on toy/packaging Product advertised as suitable for over 3 years No CE marking


29 Gioco Fortezza di Notte Maschera di Lattice Animale Orso Maschera di Halloween Bambino Ruolo Adulto Che Giocano Reaper John Copertura Della Testa

Italy NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

NO FAILED EN 71-1 - small parts release and lack of ventilation - Eye injuries and suffocation hazards -SERIOUS RISK

48



30

JIMITU Amichevole PVC di Disegno della Giraffa Giocattoli Gonfiabili Partito Palloncino Per Bambini Cervi A Forma di Palloncini Gonfiabili Del Fumetto Animali

Italy NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, advertised as suitable for children over 6 years No CE marking

NO FAILED Phthalates content -(DEHP 21,4% and DINP 2,22% - 236 times over the limit) – Chemical hazard – SERIOUS RISK

31

1 set di arco e freccia giocattolo 54 centimetri Morbido di Aspirazione Tazza di Tiro Sport All'aria Aperta giocattolo per il bambino> 3 Y

Italy NO No name nor address on toy/packaging Inappropriate warnings for under 3 (only in English and Spanish) No projectile toys warnings

NO FAILED EN 71-1 - packaging thickness - Suffocation hazards -SERIOUS RISK

49



32 0-12 maanden Baby Speelgoed Baby Bal Speelgoed Rammelaars Ontwikkelen Baby Intelligence Baby Speelgoed Plastic Hand Bell Rammelaar

Netherlands NO No name nor address on toy/packaging No CE marking

N/A

Pass REACH Annex XVII phthalates restriction (selected components)

33 5 stks/set Zachte babybadje speelgoed bloem tuin Water Spuiten Speelgoed Dier Konijn model Squeeze klinkende Speelgoed voor kids


N/A Failed EN71-1 for missing labeling only Pass REACH Annex XVII phthalates restriction (selected components)

34 SLPF Houten Speelgoed Jigsaw 3D Puzzel Hand Grab Voor Kinderen Vroege Educatief Alfabet Digit Leren Onderwijs Baby Speelgoed Gift D16


NO

FAILED EN 71-1 - small parts release - Choking hazard – SERIOUS RISK

35 6 stijlen Baby Smart Telefoon Speelgoed met Geluid Elektronische Mobiele Telefoon Vroege Onderwijs Flash Musical Speelgoed Voor Kinderen Geschenken

Netherlands NO No name nor address on toy/packaging No EN6225 warnings for batteries

NO FAILED EN 71-1 - acoustics - packaging thickness - Hearing damage and suffocation hazards – SERIOUS RISK

50



36 Muzikale Zachte knuffels Narwal 35 cm Baby Shark Zingen Pluche Doll hele familie Shark Doo Doo Engels Lied Gift voor Kinderen Meisjes

Netherlands NO No EU address Inappropriate CE marking. Under 3 warning but the display photos show a baby with the toy No EN6225 warnings for batteries

NO

FAILED EN 71-1 - Small parts release - Choking hazard -SERIOUS RISK

37 OCDAY Kids Crystal Klei Speelgoed Polymeer Klei Niet Giftig Vijfpuntige Ster Vorm Slime DIY Veiligheid Milieu Kleurrijke Crystal modder

Netherlands NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3

NO FAILED EN 71-3 - Boron migration 1725 and 1387 mg/kg (limit 300 mg/kg) – Chemical hazard – SERIOUS RISK

38 Kinderen en Volwassen Lieveheersbeestje Kostuums cosplay Christmas party bag meisjes kinderen lady bug Zentai Suit halloween kostuum

Netherlands NO SUSPECTED COUNTERFEIT No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3

NO FAILED EN 71-2 - flaming behavior wig - Burning hazard – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

39 Vetersluiting Egel met Vruchten Kralen-Vinden Motoriek Game-Houten Veter Speelgoed

Netherlands NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3


51



40

1 Set Kruisboog Outdoor Kind Speelgoed Pijl En Boog Tuin Games Kit met 3 Sticky Sucker Zuig Darts Schieten Boogschieten accessoires

Netherlands NO All packaging information in Chinese No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, product is recommended for children over 6 years No CE marking

N/A Failed EN71-1 for missing labeling/warning only

41 Libros de baño bebé educación juguete inteligencia desarrollo EVA flotante conocimiento libro para nueva llegada

Spain NO No name nor address on toy/packaging No CE marking


42 Nueva mano agarra Junta rompecabezas juguetes de madera para niños de dibujos animados de animales de frutas rompecabezas de madera los niños bebé educación temprana juguetes de aprendizaje x-D01



52



43 Coche de bebé muñeca de juguete cuna móvil campana anillos agarre Guta Percha pelota de captura de mano s para Recién Nacido s 0- 12 meses


NO FAILED EN 7-1 - small ball release - Choking hazard – SERIOUS RISK

44

Muñeca de dibujos animados de plástico interactiva de alta calidad para niñas de juguete DIY para niños m2

Spain NO No name nor address on toy/packaging Labelling information and warnings only in English SUSPECTED COUNTERFEIT


45 Chica Superman Mujer Maravilla Halloween disfraz Super fiesta para niños Cosplay disfraces de superhéroe trajes para niñas niños


NO FAILED EN 14682 - Entrapment and strangulation hazards – SERIOUS RISK Pass EN 71-2 (blue tulle only)

53



46

Niños juguete eléctrico camaleón Animal Robot música luz seguir dibujar líneas de inducción Discolor niños juguetes creativos novedad Robots

Spain NO No name nor address on toy/packaging Packaging information in English


47

Shaunyging #4010 animales inflables piscina chico fiesta juguete de la playa

Spain NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

N/A


48 Arcos y flechas se pueden disparar armas de juguete para niños grandes Honda de seguridad plegable espada categoría de plástico

Spain NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, advertised as suitable for over 3 years No CE marking No warnings for projectile toys

NO FAILED EN 7-1 - suction cups release - Choking hazard – SERIOUS RISK

54



49 Baby Rattles Toys Newborn Hand Bells Baby Toys 0-12 Months Teething safe Development Infant Early Educational Baby Rattles Toys

Sweden NO No name nor address on toy/packaging No CE marking


50

10pcs/set Kids Soft Rubber Gold Fish Baby Bath Toys for Children Mini Goldfish for The Bathroom Water Play Swimming Beach Toys

Sweden NO No name nor address on toy/packaging The product is sold as suitable for all ages. However, due to its small size, it is in itself a small part. It should have a 0-3 sign and warning for under 3 No CE marking


51

Baby Kids Wooden Toy Mini Whistle Pirates Developmental Toy Musical Toys Colorful Keychain Lovely Instrument Toys Musical Gift

Sweden NO No name nor address on toy/packaging Inappropriate 0-3 sign (too small) Small parts warning only in English, Russian and Chinese Recommended for over 36 months children however it is advertised as suitable for children over 24 months

NO

FAILED EN 71-1 - small parts release - sharp edges - Choking & laceration hazards – SERIOUS RISK

55



52 Cute Big Size Animal Glove Puppet Hand Dolls Plush Toy Baby Child Zoo Farm Animal Hand Glove Puppet Finger Sack Plush Toy FEB25

Sweden NO No name nor address on toy/packaging No CE marking Advertised for children over 3 years. No 0-3 sign nor warning for under 3

NO FAILED EN 71-1 - small parts release - access to stuffing material - packaging thickness -Choking & suffocation hazards – SERIOUS RISK

53

New 1pc 12" Emoji Inflatable Beach Balls Beach Toy Ball Inflatable Bouncers Kids Toy Random delivery

Sweden NO No name nor address on toy/packaging No CE marking Advertised for children over 3 years. No 0-3 sign nor warning for under 3

N/A


54

"Adorable Elephant Push Along Toy for Baby Toddler Developmental Baby Toy 1 order"

Sweden NO

No name nor address on toy/packaging No CE marking


56

5.1.2. Amazon



1 baby tete Jouet de Dentition Anneau de Dentition en Bois Naturel 2pcs Jouet D'hochet pour Bébé Perles en Silicone Sans BPA Bracelet D'allaitement Cadeau de Douche


NO FAILED EN 71-1 - small parts release - Choking hazard – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

2 Itian Jouet en Bois de Traction, Bear Knock The Drum Wooden Push and Pull Jouet Bébé pour Tout-Petits Enfants

France NO Information on packaging only in Chinese No name nor address on toy/packaging

NO FAILED EN 71-1 - small parts release - small ball - long cord - Choking & strangulation hazards – SERIOUS RISK Pass total Cadmium REACH restriction (selected components)

3 ACTRINIC Jouets de Bain, Jouets de Piscine pour l'Heure du Plaisir au Bain,1 Canne à Pêche Magnétique, 8 Animaux Mignons/ 1 Filet de Pêche, Jouets pour Filles de 1 2 3 Ans / Garçons/Enfants

France

NO No name nor address on toy/packaging No CE marking

NO FAILED EN 71-1 - small parts release – shape and size - long cord – Choking, impaction & strangulation hazards – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

57



4 Lalang Bébé Frappez Le Jouet Musical Tambour

France NO No name nor address on toy/packaging Packaging information in Chinese Under 3 warning and 0-3 sign while toy is sold for 6 months and over

NO FAILED EN 71-1 - small parts release - small ball - long cord – shape and size -Choking, impaction & strangulation hazards – SERIOUS RISK

5 Poupee Enfant Jouet de Interactif Poupons Jeu de Docteur Jeux de Imitation Medecin pour Enfants 2+ Ans

France NO Age recommendation on the website is 24 months and over. The box bears the under three logo (warning) but not the reason for the age warning Instructions for batteries and associated warnings from EN 62115 only in English


6 WiFndtu Porte-clés en peluche doux pour sac de poupée Motif cochon 10 cm


NO FAILED EN 71-1 - small parts release - packaging thickness - Choking & suffocation hazards – SERIOUS RISK

58



7 Never-hu Peintures au Doigt Sûr Non-Toxique Lavable Peinture Gouache Pigment Conseil Dessin Peinture Kit Jouets Cadeau pour Les Tout-Petits Enfants

France NO Packaging information in Chinese 0-3 sign present but not full warning for under 3 No EU address


8 Oziral Gonflable Bébé Siège De Piscine Bébés Enfants Baignade Siège Bague Bateau avec Parasol pour 6-36 Mois Enfants en Bas Âge

France NO Floating chairs are learning devices, and not toys. The General Product Safety Directive covers them. Therefore, they cannot be designed in such a way that would lead parents and children to confuse this “learning device” with a toy. If market surveillance authorities find floating seats sold with the CE marking, or produced to give the appearance that they are toys, they shall proceed to remove them from the market.


59



9 wuselwelt 6891 Carte de Police avec Pistolet à fléchettes et Accessoires tels Que Les flèches ventouses, Menottes, Marques de Police, Agents de Police

France NO No name nor address on toy/packaging Inappropriate projectiles toys warning Address not visible due to label

N/A Failed EN71-1 for missing labeling/warning only Pass REACH Annex XVII phthalates restriction (selected components)

10 kimberleystore Badespielzeug Miniatur-Gummi-Fische, für Babys, Kinder; witzige quietschende Spielzeuge für das Bad, bunt

Germany NO No name nor address on toy/packaging Inappropriate age recommendation (+3), 0-3 sign and warning for under 3 as the toy is intended for all ages

NO FAILED EN 71-1 - small parts release and shape and size - Choking & impaction hazard – SERIOUS RISK FAILED Phthalates content - 36,2% of DEHP and 0,2% of DBP (364 times over the limit) - Chemical hazard – SERIOUS RISK

11 MojiDecor Bienen Holzspielzeug, Holz Bienen Spielzeug Klippkasten Montessori Geburtstag Pädagogisches Lernspielzeug für Kinder Baby

Germany NO Inappropriate age recommendation and under 3 warning

NO FAILED EN 71-1 - small parts release - Choking hazard -serious risk – SERIOUS RISK

60



12 Omiky® 5 Stücke Kinder Spielzeug Weiche Interaktive Baby Puppen Spielzeug Mini Puppe Für Mädchen und Jungen Heißer


NO FAILED Phthalates content - DEHP 19,2% -DBP 0,28% - DINP 0,74% (202 times over the limit) - Chemical hazard – SERIOUS RISK

13 Little Donkey Puppet Spielzeug Marionette Joint Activity Puppe für Kinder Geburtstag Weihnachten Geschenk

Germany NO All packaging information in Chinese No CE marking


14 BESTZY Schleim Fluffy Slime - 4 Pcs 8 Unzen Weicher Schleim mit Schaum Perlen, Stressabbau Kitt Spielzeug, Jungen und Mädchen

Germany NO No name nor address on toy/packaging No CE marking Instructions are only in English Age recommendation for over 6. However, no 0-3 sign nor warning for under 3

NO FAILED EN 71-3 - Boron migration 1875 mg/kg (limit 300 mg/kg) - Chemical hazard – SERIOUS RISK

15 Colorful UAV Fliegendes Spielzeug, RC Fliegender Dinosaurier , Spielzeug für Jungs, LED Mini Induktion Suspension RC Flugzeuge, Geschenke für Jungen und Mädchen, Indoor-

Germany NO No name nor address on toy/packaging Warnings are only in English and Spanish No EN 62115 instructions and warnings


61



und Outdoor-Spiele (Gelb)

The toy does not work when received

16 Weokeey Baby Schwimmring Baby Schwimmhilfe Baby Pool Schwimmring mit Sonnenschutz - Aufblasbarer Schwimmreifen für Kinder ab 9 Monaten bis 36 Monaten

Germany NO Floating chairs are learning devices, and not toys. The General Product Safety Directive covers them. Therefore, they cannot be designed in such a way that would lead parents and children to confuse this “learning device” with a toy. If market surveillance authorities find floating seats sold with the CE marking, or produced to give the appearance that they are toys, they shall proceed to remove them from the market.


17 Baztoy Dinosaurier Pistole Spielzeug mit 30 Darts für Kinder Junge Mädchen Groß Dino Figuren mit Brüllen Augen Leuchtend Tier Shooter Gewehr Spiel Geschenke für Party

Germany NO No EU address on packaging No CE marking Inappropriate 0-3 sign (too small) No under 3 warning Instructions for batteries and associated


62



Dekoration Garten Indoor Outdoor

warnings from EN 62115 only in English

18 FlyBiz Di Dinosauro Giocattoli da Bagno in Gomma Morbida con Borsa da Bagno(6PCS), Eleganti Giocattoli da Bagno Morbidi, Giocattoli da Bagno per Bambini e Giocattoli per Bambini Piccoli

Italy NO No name nor address on toy/packaging Inappropriate age recommendation and 0-3 sign. The product is advertised as suitable for children over 6 months Under 3 warning is only in English

NO FAILED EN 71-1 - small parts, sharp points and shape and size - Choking, puncture and impaction hazards – SERIOUS RISK FAILED Phthalates content -(DEHP 19,3% and DINP 1,30% - 260 times over the limit) - Chemical hazard – SERIOUS RISK Pass total Cadmium REACH restriction (selected components)

19 TOYMYTOY Sonaglio legno con campanelle per giochi bambini e neonato 2PCS (Colore casuale)

Italy NO No name nor address on toy/packaging – No CE marking

NO FAILED EN 71-1 - small parts release, sharp points and shape and size - Choking, puncture and impaction hazards – SERIOUS RISK Pass EN 71-3 (selected components)

63



20 SIPLIV Pegged Puzzle in legno Jigsaw Puzzle per bambini da 2 a 5 anni, Home Learning Primi piani Educazione allo sviluppo Giocattoli e giochi, Insetti



21 Early Education 18 mesi + Olds Baby Toy Musical Dancing anatra giocattolo azione luci lampeggianti Musical giocattoli per bambini e bambini ragazzi e ragazze

Italy NO Packaging information not in Italian (English, French, Spanish and German displayed)


22 feiXIANG Bambolotto Bambina Bambola Ragazza Bambolotti Che Sembrano Veri Neonato Reborn Interattivi Cicciobello Bambolina Morbido Giocattolo Baby Doll di Emulata 30CM Vestiti Bambini Regalo Compleanno

Italy NO Inappropriate 0-1 sign and under 3 warning Packaging information only in English


64



23 TAGLN Giocattoli Animali farciti Seduta di Giraffa Peluche Cervo (30 CM)

Italy NO Incomplete address on packaging Packaging information only in English Age recommendation for over 3 years but product is advertised as suitable for over 3 months

NO FAILED EN 71-1 - access to stuffing material - Choking hazard – SERIOUS RISK Pass REACH Annex XVII azodyes restriction (selected components)

24 Swallowzy Crystal Slime, Magic Clear Slime Soft Putty Clay Scented Stress Relief Sludge DIY Toy for Kids Adult, 6 Pack with 2 Straws and 1 Fruit Slice

Italy NO No name nor address on toy/packaging Packaging information only in English Incoherent age recommendation (over 6 years on external packaging, over 4 years on slime containers). Moreover, it is advertised as suitable for over 3 years. Inappropriate 0-4 sign present and no warning for under 3 CE marking not displayed on the external packaging

NO FAILED Phthalates content -(DEHP 2,87% - 29 times over the limit) - Chemical hazard – SERIOUS RISK FAILED EN 71-3: Boron migration (1037 and 985 mg/kg - limit 300 mg/kg) - Chemical hazard – SERIOUS RISK

65



25 YSMART Parlando Criceto Parlante Il Criceto Ballerino Giocattolo Peluche Animale Suono Record Giocattoli del Regalo dei Bambini Adorable Interesting Speak Talking Record Hamster Mouse Plush Kids Toys

Italy NO No name nor address on toy/packaging Age recommendation for over 4 years but product is advertised as suitable for over 3 years. No 0-3 sign nor warning for under 3 No CE marking No instructions for batteries and associated warnings from EN 62115 No WEEE logo All packaging information in Spanish


26 Fajiabao Valigetta Dottore Bambini Kit Medico con Accessori Gioco di Ruolo Kit Dottore Giocattolo Regalo per Bambini 3 4 5 Anni, 16 Pezzi(Colore casualea)

Italy NO Under 3 warning not fully translated into Italian


66



27 YakeHome Tiro con L'Arco e Gioco con la Freccia Set con Gioco di Caccia all'aperto con 3 frecce Soft Sucker per Bambini

Italy NO No name nor address on toy/packaging Small parts and projectile toys warnings not translated into Italian No warnings from EN 62115

N/A Pass EN 60825-1 (required by EN 62115) on laser

28 BOBORA Sonajeros Bebé Juguete Mordedor Bebé 9 Pcs Sonajero Mordedor Bebé con Biberón Grande Juguetes Bebe Infantil

Spain NO No name nor address on toy/packaging

NO FAILED EN 71-1 - shape and size - Impaction hazard – SERIOUS RISK

67



29 Libros De Baño Para Bebés a Prueba De Agua Juguetes Educativos Para Niños Libro De Burbujas Para Niños Pequeños Tiempo De Baño Bpa Libro De Tela Para Niños Gratis EVA(Azul



30 Youkara 1 PC Pequeños Juguetes de Trompeta de Madera para Niños Jugando Instrumentos Silbato para Educación Infantil Temprana (Color Aleatorio)


NO FAIL EN 71-1 - small parts release - Choking hazard – SERIOUS RISK

31 Wimagic 1x rompecabezas de madera Wimagic con diseño de ladrillo de dibujos animados, juguete educativo temprano, desarrollo de inteligencia, reconocimiento de animales, rompecabezas

Spain NO No name nor address on toy/packaging The advertisement contains the following warning: use under adult supervision No CE marking

N/A Based on the appearance and characteristics, this product seems to be identical to a product bought from another platform. That product was tested and FAILED EN 71-1 - small parts release.

https://es.aliexpress.com/item/32931605056.html?spm=a219c.search0104.3.84.617b2ce0RalGNf&ws_ab_test=searchweb0_0,searchweb201602_4_10065_10068_10547_319_10891_317_10548_10696_10084_453_454_10083_10618_10307_10820_10821_10301_10303_537_536_10059_10884_10887_321_322_10103,searchweb201603_52,ppcSwitch_0&algo_expid=fcfa716f-a807-4f21-b523-ff2189ffcbba-10&algo_pvid=fcfa716f-a807-4f21-b523-ff2189ffcbba



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32 Baby Bath Play Toys Set Los juegos de simulación incluyen 6.69"muñeca, bañera, biberón, jabón, pato, pelota de plástico para el océano para 1 año de edad y hasta unisex

Spain NO All packaging information in Chinese No name nor address on toy/packaging Recommended for over 3 years, but two different age recommendations online (over 12 months and over 3 years) No CE marking No 0-3 sign mark nor warning for under 3

NO FAILED EN 71-1 - small parts release and sharp points - Choking & puncture/laceration hazards - SERIOUS RISK FAILED Phthalates content - 6,66% DEHP (67 times over the limit) - Chemical hazard – SERIOUS RISK

33 Amycute 18cm Oso de Peluche Marrón Oscuro, Decoracion Graduacion Ositos de Peluche de Gafas, Certificado, Gorro de graduación para Regalo Fiestas Graduaciones Colegios

Spain NO No name nor address on toy/packaging The advertisement contains the following warning: use under adult supervision No CE marking

NO FAILED EN 71-1 - small parts release- metallic sharp points-packaging thickness - Choking, puncture/laceration & suffocation hazards – SERIOUS RISK Pass REACH Annex XVII azodyes restriction (selected components)

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34 TOYMYTOY Crystal Mud Modeling Clay Magic Jelly Mud para niños DIY Artes y manualidades Project (Tranparent Blue and Random Pattern)

Spain NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, advertised online as suitable for over 3 years. No CE marking

NO FAILED EN 71-3 - boron migration 401 mg/kg (limit=300 mg/kg) – Chemical hazard – SERIOUS RISK

35 Juguete Hinchable Flotador para Piscina, Leeron Flotador de Zorro Animal Colchonetas Flotante para Playa, Anillo de la Natación, Silla de la Recreación del Agua para los Niños (Naranja, Pequeño)

Spain NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, it is advertised online as suitable for over 4 years No CE marking No warning for aquatic toys


36 Alomejor Pistola de Juguete, Pistola de Bala de Goma clásica para niños, niños Cosplay

Spain NO No name nor address on toy/packaging Recommended for over 6 years. However, it is advertised online as suitable for over 3 years No 0-3 sign nor warning for under 3 No CE marking

NO FAILED EN 71-1 - suction cups release - Choking hazard – SERIOUS RISK

70

5.1.3. eBay



1

Bateau de flotteur de jouet de bain de bébé avec le distributeur de pompe H3L6

France NO Sold for over 3 on the platform, but advertising displays a toddler playing with the toy in the bath All packaging information in Chinese No CE marking

NO FAILED EN 71-1 - small parts release - small balls – shape and size - Choking & suffocation hazards – SERIOUS RISK

2

BABY BATH BOOK Etanche PVC rembourré Flottant Educa Fun Bain Heure Jouet Cadeau

France NO Packaging information in English


3

Puzzle en bois casse-tête enfants dessin animé jouet Nw



71



4 Nouveauté Éléphant Girafe Animal Slow Rising Squishies Maison Voiture Décor


NO FAILED EN 71-1 - small parts release – packaging thickness - Choking & suffocation hazards – SERIOUS RISK

5

Petite veste Chihuahua chien peluche jouet rembourré sur 17CM enfants prése HQ

France NO No name nor address on toy/packaging No CE marking No washing/cleaning instructions

NO FAILED EN 71-1 - packaging thickness and accessibility to stuffing material - Choking and suffocation hazards – SERIOUS RISK Pass REACH Annex XVII azodyes restriction (selected components)

6

MagiDeal Enfant Halloween Costume de Pompier Chef Déguisement w / Accs Jeu

France NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

NO FAILED EN 71-1 – small parts release mouth actuated toy - Choking hazard – SERIOUS RISK Failed EN71-2 for missing warning only Pass REACH Annex XVII azodyes restriction (selected components)

72



7

Stegosaurus électrique modèle jouet dinosaure d'enfants sonores lumière TYX

France NO All packaging information in Chinese No instructions for batteries and associated warnings from EN 62115 Inappropriate 0-3 sign No CE marking No warning for under 3 No business info on the platform

NO FAIL EN 62115 - battery short circuit after tension test - overheating up to 102°C - Burning hazard – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

8

PISTOLET DE PIRATE HOOK - REF 3618

France NO Not all warnings for projectiles displayed

N/A Pass REACH Annex XVII nickel restriction (selected components)

9

Baby Kinder Learn Buchstaben und Zahlen (A-Z, 0-9) Badespielzeug Babybadewannen


NO FAILED EN 71-1 - small parts release- packaging thickness – Choking & suffocation hazards – SERIOUS RISK

73



10

1X (Baby Toys Cloth Activity Book Multi-functional Infant Bear Soft Toy W6W1


N/A Pass REACH Annex XVII azodyes restriction (selected components)

11

Babyrassel Musikinstrument Kinderspielzeug Hand Klingel Entwicklungs Spielzeug


NO FAILED EN 71-1 - small parts release- sharp points - shape and size -packaging thickness - Choking, puncture, impaction & suffocation hazards – SERIOUS RISK

12

Ein Korb aus simuliertem Ei, weiches Quetschspielzeug mit BB Pfeife

Germany NO No name nor address on toy/packaging 0-3 sign present but warning for under 3 only in English

NO FAILED Phthalates content - 33% of DEHP (330 times over the limit) - Chemical hazard – SERIOUS RISK

74



13

Puppen Accessoires Schuhe Kleiderbügel Handtasche für Puppen 55

Germany NO No name nor address on toy/packaging Inappropriate 0-3 sign Inappropriate CE marking Under 3 warning only in English


14

Schlafen Baby Puppe Schlüsselbund Pompom Plüsch Schlüsselanhänger Ring Keychain

Germany NO No name nor address on toy/packaging No CE marking Inappropriate age classification


15 Ei Bunte Weiche Schleim Duft Stress Relief Entspannung Sludge Spielzeug Toys

Germany NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

NO FAILED EN 71-3 - Boron migration 975 mg/kg (limit 300 mg/kg) - Chemical hazard – SERIOUS RISK

75



16

Bewegliches und Sprechendes Einhorn Elektronische Plüschtiere, Kinder

Germany NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

N/A Failed EN71-1 for missing labeling/warning only

17

Kinder Outdoor Sports Toy Emulational Pfeil und Bogen Set

Germany NO No name nor address on toy/packaging No warnings for projectile toys Information on packaging is only in English


76



18

Spirale Animali Passeggino Lettino Giocattolo Sonaglio Campana Neonato/Bambino

Italy NO No name nor address on toy/packaging

NO FAILED EN 71-1 - access to stuffing material - too long cords - shape and size - Choking, strangulation and impaction hazards – SERIOUS RISK

19

12 × Mini Colorato per il Bagno Bimbi Bambini Giocattolo da Bagno Papere

Italy NO No name nor address on toy/packaging Inappropriate 0-3 sign and warning (toy belongs to baby toys category)

NO FAILED EN 71-1 - small parts, shape and size & packaging thickness - choking, impaction & suffocation hazards – SERIOUS RISK FAILED Phthalates content -(DEHP 9,07%, DBP 0,64% and DINP 19,5% - 292 times over the limit) – Chemical hazard – SERIOUS RISK

20

Bambino Giocattolo Musica Telefono educativo Developmental Regalo bambini Regalo

Italy NO No name nor address on toy/packaging Inappropriate 0-3 sign and warning (toy belongs to baby toys category)

NO FAILED EN 71-1 - small parts release, cord diameter too small in retracting mechanism and packaging thickness - Choking, skin abrasion and suffocation hazards – SERIOUS RISK

77



21

Giocattolo Del Treno Che Impila Blocchi Di Legno, Per 12 Mesi+, Formare

Italy NO No name nor address on toy/packaging Age recommendation for over 36 and 0-3 signs and warnings. However, the product is advertised as suitable for children over 12 months


22

Miunana 5 abiti vestiti + 5 PCS scarpe + 5 appendini per bambola barbie dolls

Italy NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, it is advertised as suitable for children over 3 years COUNTERFEIT

NO FAIL Phthalates content -(DEHP 3,70% and DBP 0,90% - 46 times over the limit) – Chemical hazard – SERIOUS RISK

23

Riccio Peluche Animale Bambole Portachiavi Ciondolo Bambini 9cm di Qualità


NO FAILED EN 71-1 - small parts release - access to stuffing material - packaging thickness- Choking & suffocation hazards – SERIOUS RISK

78



24

1X Natación Agua Baño Libro Bb Silbato Animal Baño Juguetes para Bebé Baño



25

Juguete lindo del bano piscina rana de natacion Juguete de ninos rana de nata 8W

Spain NO No name nor address on toy/packaging Inappropriate 0-3 sign (product intended for babies) but advertised online as suitable for children from 0 months Inappropriate warning for under 3

NO FAILED EN 71-1 - small parts release - sharp point -shape and size - Choking, laceration/puncture and impaction hazards – SERIOUS RISK

26

Baby Kids Cartoon Animal Design Bloque de madera Puzzle Game XM


NO FAILED EN 7-1 - small parts release- Choking hazards – SERIOUS RISK

27 Juguete Madera Kidshand-Eye-Coordination Bebé Bell Stick Instrumento Musical


NO FAILED EN 71-1 - small parts and small balls release - sharp point -shape and size – packaging thickness Choking, laceration/puncture ,

79



impaction and suffocation hazards – SERIOUS RISK

28

Muñeca de Juguete Modelo de Bebé Realista Accesorios para Juego de

Spain NO No name nor address on toy/packaging. Inappropriate 0-3 sign and warning for under 3 No WEEE symbol No EN6225 warnings for batteries

NO FAILED EN 7-1 - small parts release and access to stuffing material - Choking hazard – SERIOUS RISK

29

1/2 Unidades Lindo Koala Animales de la Selva Oso Peluche Suave Muñeca

Spain NO No address in the EU Cleaning instructions instead of washing instructions. Warning only in English

N/A Failed EN71-1 for missing labeling only Pass REACH Annex XVII azodyes restriction (selected components)

30

Niños Smart Espacio Robot Electrónico Caminar Bailarín De Robot Música Luz Gift

Spain NO No name nor address on toy/packaging No WEEE symbol No EN6225 warnings for batteries


80



31 Regalos Juguete Guitarras Plástico Musica Roca Hinchable Gracioso

Spain NO No name nor address on toy/packaging No WEEE symbol No EN6225 warnings for batteries

NO FAILED EN 62115 - short circuit - overheating up to 98.3 °C - Burning hazard – SERIOUS RISK

32

Los niños Arco De Plástico De Tiro Con Arco Flechas Deportes Juguete Niños Juego De Disparos objetivo

Spain NO No name nor address on toy/packaging Recommended for over 6 years. However, advertised online as suitable for over 3 years Warnings for projectile toys only in English


5.1.4. Wish



1 HOT Baby Bath Toys Bathtub Toys Mesh Cartoon Storage Bag Organizer Holder Bathroom Organiser Toys for Children



81



2 Bathroom Waterproof Books Baby Water Bath Toys with BB Device Kids Toys Gifts



3

Wooden Plastic Mini Whistle/Sand Hammer/Piccolo Flute/Harmonica/Tambourine Musical Instrument Early Education Toy (Random Color)

Denmark NO No name nor address on toy/packaging Inappropriate 0-3 sign (too small) Small parts warning only in English, Russian and Chinese Recommended for over 36 months children however no age grading information on the website

NO FAILED EN 71-1 - small parts release - sharp points - packaging thickness - Choking, puncture/laceration and suffocation hazards – SERIOUS RISK

4 1 Pcs Baby Musical Smart Remote Car Key Toy Car Voices Pretend Play Education Toys



5 1pcs DIY Brown hair Real pregnant mom doll have a baby in her tummy for dolls child toy gift STG

Denmark NO COUNTERFEIT No name nor address on toy/packaging Inappropriate 0-3 sign (too small) Incomplete small parts

NO FAIL Phthalates content - 31,5% DEHP (315 times over the limit) – Chemical hazard – SERIOUS RISK

82



warning and only in English

6 Infant Rattle Cartoon Animal Models Baby Stroller Tinkle Hand Bell Campanula Pendant Plush Educational Toys


NO FAILED EN 71-1 - shape and size - Impaction hazard – SERIOUS RISK

7 Colorful Rainbow Fluffy Slime Stress Relief Kids DIY Toys Color Mud Crystal Mud Polychromatic Crystal Mud DIY Color Mud Rubber Mud

Denmark NO No name nor address on toy/packaging No 0-3 sign nor warnings for under 3. However, it is advertised as suitable for children over 7 years No CE marking

NO FAILED EN 71-3 - Boron migration 881 mg/kg and 606 mg/kg (limit 300 mg/kg) - Chemical hazard – SERIOUS RISK

8 Electric Spray Walking Dinosaur with Action Figure Lay Eggs Light Sound Motor Dinosaur Model Toy Children's Gift

Denmark NO All packaging information in Chinese No name nor address on toy/packaging 0-3 sign present but no warning for under 3 No CE marking No WEEE logo

NO FAILED EN 62115 - short circuit -overheating up to 99.3 °C - Burning hazard – SERIOUS RISK

83



9 3PCS Red Flamingo Float Inflatable BathtubToy Swimming Pool Party Toy Drink Holder

Denmark NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking


10

Bow and Arrow Military Model Toys Toys for Children

Denmark NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking No projectile toys warning

NO FAIL Phthalates content - 10,5% DBP, 6,32% DEHP (168 times over the limit) Fail TSD/ CMR and Danish BEK 855 for DiBP content at 1% - Chemical hazard – SERIOUS RISK

11

Baby Kids Stroller Bed Around Hanging Bell Rattle Activity Soft Toys

France NO No name nor address on toy/packaging No CE marking No cleaning instructions in French

N/A Failed EN71-1 for missing labeling only Pass REACH Annex XVII phthalates restriction (selected components)

84



12

Baby Teeth Gum Baby Molar Bar Fruit Silica Gel Bite Le Children Toys Maternal and Infant Supplies

France NO No name nor address on toy/packaging No CE marking No instructions for teething toys


13

Kawaii Watermelon Bear Squishy Squeeze Stress Reliever Anti-Anxiety Decor Toy



14

Mini Inflatable Yacht Boat Children's Bath Toys Pool Toys Motorboats Inflators

France NO No name nor address on toy/packaging Inappropriate 0-3 sign as the toy is sold as suitable for over 1 year. Moreover, the advertisement displays a baby in the bath Inappropriate warning for under 3 (toy is intended for all ages and in English)

NO FAILED EN 71-1 - small parts release - packaging thickness - Choking & suffocation hazards – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

85



15 NEW Barbiee Doll Fashion Clothes Beautiful Handmade Doll Party Dress for Barbie Dolls Girl Gift Kid's Toy

France NO COUNTERFEIT No name nor address on toy/packaging No CE marking


16 Cute Soft Plush Cartoon Animal White/khaki Small Hamster Toy Doll Key Chain,stuffed Mouse Toy Gift


NO FAILED EN 71-1 - small parts release and accessibility to stuffing material - Choking hazard – SERIOUS RISK

17 6PCS/SET Creative DIY Art Supplies Drawing Toys Flower Stamp Graffiti Sponge Paint Brush

France NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking


18 Children Kids Electronic Mobile Phone Toy Cellphone Telephone Education Toy MPH|GUY

France NO No name nor address on toy/packaging No CE marking No WEEE logo


19

Baby Child Infant Kids Inflatable Swiming Swim Pool Chair Seat Float Boat Ring

France NO Floating chairs are learning devices, and not toys. The General Product Safety Directive covers them. Therefore, they cannot be designed in such a way that would lead


86



parents and children to confuse this “learning device” with a toy. If market surveillance authorities find floating seats sold with the CE marking, or produced to give the appearance that they are toys, they shall proceed to remove them from the market.

20

Children's military model of archery military model sport shooting soft projectile bow and arrow

France NO All packaging information in Chinese No projectiles toys warning 0-3 sign present but not under 3 warning


87



21 Baby Rattle Toys Tricolor Multi-touch Rotating Ferris Wheel Suckers Toy 0-12 Months Newborns Creative Educational Baby Toys

Germany NO No name nor address on toy/packaging No instructions in German


22

Baby Washable Paste Book Newborn Animal Tearing Stereo Book Infant Children Early Education Educational Toys

Germany NO No EU address (only China address) Warning for under 3 only in English

NO FAILED EN 71-1 - small parts release - Choking hazard – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

23

1+6 Magnetic Fishing Game Toy Rod Hook Catch Kids Children Bath Time Gift Selling



24

New Useful Baby Kid Animal Farm Music Toy Developmental Early Education

Germany NO No name nor address on toy/packaging All packaging information in Chinese No CE marking No EN62115 warnings

NO FAILED EN 71-1 - shape and size, packaging thickness - Impaction and suffocation hazards – SERIOUS RISK

88



25 Reborn Baby Soft Rubber Soothing Accompany Sleeping Doll Handmade Reborn Doll Girl and Boy



26 22cm 33cm 40cm 55cm How To Train Your Dragon Night Fury Plush Toy Toothless Dragon Stuffed Animal Dolls

Germany NO SUSPECTED COUNTERFEIT No EU address (only US address)

NO FAILED EN 71-1 - packaging thickness - Suffocation hazard – SERIOUS RISK Pass REACH Annex XVII azodyes restriction (selected components)

27

Magnetische Angeln Spielzeug Rod Modell Netz 10 Fisch Kind Kinder Baby Bad Zeit Spass Spiel



89



28

LoKauf Pfeil Und Bogen Set Bogenschießen Kinder Spielzeug Bogen Archery Set Mit Zielscheibe Und Pfeil Träger

Germany NO No name nor address on toy/packaging All packaging information in Chinese No CE marking Recommended for over 6 years, however no 0-3 sign nor under 3 warning No warnings for projectile toys No EN 62115 warnings


29

10pcs Baby Bath Toys Rubber Squeaky Animals Water Float Soft Sqeeze Sound


NO FAILED EN 71-1 - small parts release, shape and size & packaging thickness - Choking, impaction & suffocation hazards – SERIOUS RISK FAILED Phthalates content - (DEHP 34,1% and DBP 0,17% - 342 times over the limit) – Chemical hazard – SERIOUS RISK

90



30 1 Pcs Teether Rattle Toy Develop Baby Intelligence Grasping Gums Plastic Hand Bell Rattle Funny Educational Mobiles Toys Xmas Birthday Gifts

Italy NO No name nor address on toy/packaging Inappropriate age recommendation and 0-3 sign as toy is intended for all ages. Moreover, the toy is advertised as suitable for children from 0-2 years

NO FAILED EN 71-1 - small ball release and packaging thickness - Choking & suffocation hazards – SERIOUS RISK

31

Slow Rising Scented Galaxy Panda Deer Dinosaur Unicorn Squeeze Toy Stress Reliever Toy Funny Christmas Gift

Italy NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3


32

Funny Fruit Shape Intelligence Lacing Game Montessori Puzzle Threading Kid Wooden Toy Gift


NO FAILED EN 71-1 - too long cord and packaging thickness - strangulation & suffocation hazards – SERIOUS RISK

91



33

1PC Cup Cake Doll Play House Children's Toy Cake Mini Surprise Doll Mini Deformable Pastry Princess Sweet Girl Birthday Christmas Magic Gift (Size: 1PC Random delivery)

Italy NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3

N/A Based on the appearance and characteristics, this product seems to be identical to a product bought from another platform and country. That product was tested and FAILED Phthalates content – 6,14% DINP, 1,98% DEHP (81 times over the limit). Testing is necessary to confirm this situation.

34

Cute Monkey Soft Toys Animal Doll Baby Kids Children Birthday Gift


NO FAILED EN 71-1 - small parts release - access to stuffing material - packaging thickness -Choking and suffocation hazards – SERIOUS RISK

https://es.aliexpress.com/item/32864978784.html?spm=2114.search0104.3.357.2eab4ba8NVZIl5&ws_ab_test=searchweb0_0%2Csearchweb201602_10_10065_10068_319_10059_10884_317_10887_10696_321_322_10084_453_10083_454_10103_10618_10304_10307_10820_10821_537_10302_536%2Csearchweb201603_51%2CppcSwitch_0&algo_expid=3aea7d8f-cf36-4bcc-8bda-437b7ed2480f-40&algo_pvid=3aea7d8f-cf36-4bcc-8bda-437b7ed2480f&transAbTest=ae803_5



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35

6 Colors Creative Fruit Crystal Clay Putty Jelly Slime Plasticine Mud Kids Toy LZB060509/a001

Italy NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3. However, toy is advertised as suitable for over 3 years

NO FAILED EN 71-3 - boron migration 990 mg/kg (limit 300 mg/kg) - Chemical hazard -SERIOUS RISK

36

Tyrannosaurus Lighting Sound Simulation Dinosaur Toys Model Electric Toys Drop Shadow Lay Eggs Crawl Educational Creative Kids Gift Toy

Italy NO No name nor address on toy/packaging 0-3 sign present but no under for 3 warning. However, toy is advertised as suitable for all ages (babies included) Information on packaging in Chinese No EN 6225 warnings

NO FAILED EN 62115 - possible short circuit - overheating up to 98.3°C – Burning hazard – SERIOUS RISK

37 Mini Tudou 3D Assemblage 65PCS Building Blocks Model Kit Constructor Gift Diy Enlighten Bricks Educational Kids DIY Toy

Italy NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3. However, toy is advertised as suitable for over 3 years

NO FAILED EN 71-1 - packaging thickness - Suffocation hazard – SERIOUS RISK

93



38

Children's Toys Field Cross Bow Gun Bow and Arrow Gun Outdoor Toys Gift

Italy NO No name nor address on toy/packaging Inappropriate CE marking (too small) No 0-3 sign and inappropriate small parts warning (too small and in English) No warning for projectile toys

NO FAILED EN 71-1 - suction cups release and packaging thickness - Choking and suffocation hazards – SERIOUS RISK

39

Mummy & Baby Rubber Race Squeaky Ducks Family Bath Toy Kid Game Toys Bes


NO FAILED EN 71-1 - shape and size - Impaction hazard – SERIOUS RISK FAILED Phthalates - DEHP 32% DBP 0,08% (321 times over the limit) – Chemical hazard – SERIOUS RISK

40 New Fashion 0-12 Months Baby Cute Rattles Tumbler Doll Toys Bell Music Learning Education Toys Gifts

Netherlands NO No name nor address on toy/packaging


94



41

Wooden Puzzle Educational Developmental Baby Kids Training Toy Fashion Style


NO

FAILED EN 71-1 - small parts release - Choking hazard – SERIOUS RISK

42

Colorful Cute Light Sounds Toys Kids Soft Ball Multicolor Activity Educational Toys


NO FAILED EN 71-1 - small parts release - packaging thickness- Choking & suffocation hazards – SERIOUS RISK

43

Lifelike Newborn Baby Doll Realistic Soft Vinyl Reborn Baby Doll Baby Bed Toys Kids Toddler Sleeping Toys

Netherlands NO No name nor address on toy/packaging Inappropriate 0-3 sign and warning for under 3 as the product should be suitable for all ages

N/A


44

Plush Giraffe Soft Toys Animal Dear Doll Baby Kids Children Birthday Gift 1pcs


NO FAILED EN 71-1 - small parts - suction cup release - Choking hazards – SERIOUS RISK FAILED Phthalates - DEHP 38,5% (385

95



times over the limit) -serious risk – Chemical hazard – SERIOUS RISK

45 New 2017 Creative Shooting Gun PVZ Plants vs Zombies Peashooter Doll PVC Model Water Brinquedos Nerf rbeez Gun

Netherlands NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking

N/A


46 Halloween Cosplay Super Mario Luigi Bros Costume For Kids Funny Party Wear With Hat Beard Boys Girls Costume Children Clothing


N/A

No testing conducted

47 56pcs Military Missile Base Model Playset Toy Soldier Green 5cm Figure Army Men



48 Baby Infant Rattles Soft Plush Animal Stroller Music Hanging Bell Toy Doll Bed(7 Styles)

Spain NO Washing instructions only in English

N/A Passed EN-71-3 (selected components)

96



49 Juguete divertido de madera niños bebé intelectual educativo madera Juguetes espiral sonajeros para bebés brinquedos


NO FAILED EN 71-1 - packaging thickness - Suffocation hazard – SERIOUS RISK

50 Kawaii Kids Baby Early Learning Airplane Disassembly Assembly Puzzle Educational Toys

Spain NO No name nor address on toy/packaging All packaging information in Chinese No CE marking


51 1PC Animal Farm Music Piano Baby Developmental Music Toys Educational Toy Kids Gift

Spain NO No address non name on packaging No CE marking No EN62115 warnings


52 Baby Dolls Infant Reborn Handmade Doll Soft Eco-friendly Vinyl Silicone Lifelike Newborn Baby Dolls for Girls Christmas Gift

Spain NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3. However, advertised online as suitable for over 3 years No CE marking


97



53 9/10/12/16cm birthday Kneeling Sitting kids baby Lovely Bear Stuffed Animals Plush Panda Cute Cartoon Pillow Present Doll

Spain NO No name nor address on toy/packaging No CE marking Inappropriate 0-3 sign

NO FAILED EN 7-1 - small parts release - Choking hazards – SERIOUS RISK

54 1000 PCS 5MM Plastic Perler Fuse Beads Jigsaw Intelligence Toys Funny for Kid DIY Crafts Gift

Spain NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3


55 Children Indian Belly Dance Costume Set Tops + Pants Bollywood Dancing Clothes for Girls

Spain NO No name nor address on toy/packaging No 0-3 sign nor warning for under 3 No CE marking


56

Simulation of Fruit Desperately Cut Fruits Toy Children Kitchen Playsets

Spain NO No name nor address on toy/packaging


98



57

Classic Nerf Pistol Gun Toys Children's Toy Guns

Spain NO No name nor address on toy/packaging Wrong 0-6 sign, but product is advertised as suitable for over 3 No warnings for projectile toys

NO FAILED EN 7-1 - high kinetic energy and no resilient material- use of improved projectiles not prevented - packaging thickness - Eye & body injuries & suffocation hazards – SERIOUS RISK FAILED Phthalates content - 2,53% DEHP (25 times over the limit) – Chemical hazard – SERIOUS RISK

58 Fashion Mini Rattles Charm Baby Shower Favor Table Scatters Rattle Party Supplies Games Toys Baby Learning Toy Hobbies(about 12 Pc)

Sweden NO No name nor address on toy/packaging No 0-3 sign or warning for under 3. Due to its size, the product itself is a small part No CE marking


99



59 Kids Play Water Beach Toys Bathroom Beach Play Shower Sprinkler Kit Baby Kids Swimming Tub Bathing Toy

Sweden NO All packaging information in Chinese No name nor address on toy/packaging No CE marking

N/A

Failed EN71-1 for missing labeling only

60 Cartoon Baby educational plush ball ring bell bed hanging toys baby rattle Hand Grasp Ball Calm

Sweden NO No name nor address on toy/packaging No CE marking

NO FAILED EN 71-1 - access to filling material - packaging thickness - Choking & suffocation hazards – SERIOUS RISK

61 Best Gift For Baby Random Color Cute Cartoon Running Car Wind Up Toy Clockwork Classic Baby Toddler Kids Toy

Sweden NO No name nor address on toy/packaging Inappropriate 0-3 sign and warning for under 3 as the product is intended for all ages

NO

FAILED EN 71-1 - packaging thickness - Suffocation hazard – SERIOUS RISK

62

1pcs NEW 1:12 Doll House Mini Doll Medieval Crafts Dolls

Sweden NO No name nor address on toy/packaging No CE marking No 0-3 sign nor warning for under 3


100



63

25CM/35CM Bing Bunny Doll Toys Stuffed Rabbit Animal Soft Bing's Friends Toys Bing Bunny Stuffed Plush Toys for Kids

Sweden NO COUNTERFEIT No name nor address on toy/packaging Inappropriate CE marking (wrong design)

NO FAILED EN 71-1 - access to filling material - shape and size suction cup -Choking & impaction hazards – SERIOUS RISK Pass REACH Annex XVII phthalates restriction (selected components)

64 Children Kid Developmental toys Electric Tracks Climb Stair Dinosaur Toys Glowing With Sound Animals Model

Sweden NO All packaging information in Chinese No CE marking No 0-3 sign nor warning for under 3 No EN62115 warnings No WEEE symbol


65 Hot Sale Birthday Gift Toys 100Pcs/300Pcs Children Puzzle Inserted Plastic Building Blocks Assembled Blocks Kindergarten Kids Preschool Toys

Sweden NO No name nor address on toy/packaging All packaging information in Chinese No CE marking 0-3 sign present but no warning for under 3


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Color Flyer Frisbee Shooting Gun New strange 4 Frisbee ground selling toy manufacturers wholesale

Sweden NO No name nor address on toy/packaging Inappropriate 0-3 sign (wrong design) but no warning for under 3 No warnings for projectile toys


5.2. Online marketplaces – business models

AliExpress Marketplace structure

Global website in the following EU languages: o English o French o Spanish o German

o Italian o Portuguese o Polish o Dutch

For the Spanish market, AliExpress has launched AliExpress plaza. Sellers should be based in Spain, offer customer service in Spanish and products can be returned to a Spanish location in 15 days. Toys are not included in the catalogue of products.

How EU consumers are targeted?

- The website automatically detects the location of the buyer. However, buyers can select another location if necessary. Based on the location, the shipment methods and rates will change.

- According to the location, prices will be displayed in the local currency. Moreover, whenever the buyer changes the location, he/she will have the option to select the local currency.

- Product information including customer reviews are translated into the different languages of existing AliExpress websites.

Business model - Sellers from China, Russia, Turkey, Spain, Italy and France are eligible to open a store at AliExpress

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- Products sold on AliExpress are packed and shipped by the vendor. AliExpress charges a fee (between 5-8%) for each transaction.

- AliExpress offers the possibility to set up coupons, games and special offers to further promote the seller’s products. - AliExpress manages the payment. Sellers receive the money when the buyer confirms that the goods have been

delivered. - Possibility to work with AliExpress logistics partner (Cainiao). Service is fully certified by AliExpress and tracking

information is available on the platform. - AliExpress has recently opened is first physical store in Spain. Buyers can buy a selection of the most popular products in

the Spanish market - Alibaba , AliExpress’s mother company, has opened its first European logistics hub in Liège, Belgium. The hubs are owned

and managed by their logistics subsidiary Cainiao.

Role of the company - Products sold on AliExpress are from third party vendors. AliExpress charges a fee for each transaction. Vendors have to pack and ship their products, but there is the option to use AliExpress logistics partner (Cainiao).

Offices London, Milan, Paris, Munich and Amsterdam

Amazon Marketplace structure

Six country sites in the EU: - Amazon.co.uk – Main markets: UK, Ireland, Denmark, France, Germany and Spain - Amazon.de – Main markets: Germany, Belgium, Luxembourg, Netherlands, Austria, Switzerland and Italy + option to

translate the site into German, Dutch, Polish, Czech and Turkish - Amazon.fr – Main markets: France, Belgium, Luxembourg, Switzerland, Monaco and Germany - Amazon.it – Main markets: Italy, France, Germany, UK, Spain and Switzerland - Amazon.es – Main markets: Spain, Portugal, France, Germany, Italy and UK - Amazon.nl – Kindle and e-book store. Upgraded to full store status in 2020.


1. Each website is in the official language of the country where it’s registered. Amazon.de is the only website that can be translated into other languages (English, Dutch, Polish, Czech and Turkish)

2. Prices are only in Euros (Pounds for the UK version) 3. Amazon Currency Converter. Consumers can choose whether they wish to pay for their order in Euros or in their local

currency (Danish Krone, Swedish Krona, Polish Zloty, Czech Koruna or Hungarian Forint, among the currencies supported) 4. Customers can choose their location. Based on this location, the availability of the product and/or the shipping costs will

change.

Business model Products on sale on Amazon can be classed in three categories:

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1. Products directly sold by Amazon. 2. Products from third party vendors and fulfilled by Amazon:

o Amazon pick, pack & ship products from these vendors direct to customers all over Europe. o Sellers can select their own carrier to ship their product or use the “Partnered Carrier Programme benefits”. If

they choose the second option, they can benefit from discounted rates negotiated by Amazon. Moreover, there’s faster processing, increased visibility through Amazon Seller central and Amazon assumes responsibility for lost or damaged inventory up to 2000€

o Option for sellers to send their products to an Amazon fulfilment center and FBA distribute it throughout Europe based on anticipated demand

o Products fulfilled by Amazon are eligible for the Amazon prime badge. o Amazon manages customer service and returns handling

3. Products from third party vendors

Role of the company Based on who sells and ships the product, the role of the company might be different: - Products sold directly by Amazon: Amazon acts as the distributor or importer of the products. - Products from third party vendors and fulfilled by Amazon: Amazon picks, stores, packs and ships products from these

vendors. Moreover, they also manage customer service and returns handling. - Products from third party vendors: products are displayed on Amazon marketplace. The vendor itself packs and ships the

product to customers. For each product sold Amazon receives a referral fee calculated on the total sales price.

Offices Amsterdam, Berlin, Bratislava, Brussels, Dublin, Frankfurt, London, Madrid, Milan, Munich, Paris, Prague, Stockholm (not exhaustive)

eBay Marketplace structure

10 country sites in the EU: - Ebay.at (Austria) - Ebay.be (Belgium) - Ebay.de (Germany) - Ebay.es (Spain) - Ebay.fr (France)

- Ebay.ie (Ireland) - Ebay.it (Italy) - Ebay.nl (Netherlands) - Ebay.pl (Poland) - Ebay.co.uk (United Kingdom)


- Each country site in the official language and translates some basic information such as shipment and payment methods, some item specifics such as condition or item number and vendor information. The product information on the listing is translated by the vendor on a voluntary basis.

- The site automatically converts the prices to the local currency of the country where the buyer is located.

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- The products will only be displayed if the vendor has indicated that the product can be shipped abroad.

Business model • Products sold on eBay are packed and shipped by the vendor. eBay charges two main types of selling fees, an insertion fee when the vendor create the listing and a final value fee when the product is sold. The final value fee is calculated as a percentage of the total amount of sale (including shipping and handling).

• Sellers in the UK with a Premium (Anchor) store can participate in the eBay concierge. This service aims to make selling easier and includes support on selling issues.

• Sellers can choose to promote their listings if they have an established sales history and their seller account is in good standing. Based on the ad rate chosen by the vendor, the ad visibility and promotion will be increased more or less. Vendors have to pay a fee only if the buyer clicks and then buys the item within 30 days.

• Recent news indicate that eBay might venture into the fulfilment sector, although they will not own the warehouses.

Role of the company - Products sold on eBay are from third party vendors. eBay receives fees for the listing and for the sale of the product. Moreover, the platform offers tools to manage sales (Selling Manager) and sellers can ask eBay to step in if there’s a dispute with a buyer.

Offices Brussels, Paris, Dublin, Amsterdam, Berlin, London

Wish Marketplace structure

Global website in the following EU languages: o English o French o Spanish o German o Italian o Portuguese o Polish

o Dutch o Greek o Croatian o Latvian o Danish o Estonian o Bulgarian o Czech

o Finnish o Hungarian o Slovenian o Lithuanian o Slovakian o Romanian

Wish has started to roll-out its ‘Wish local’ and ‘Wish Near Me’ programs, which allow brick and mortar shops to function as pick-u location for products sold on Wish.com. the stores keep stock for Wish.

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- When the buyer registers for the first time, the website will automatically detect the location. However, buyers can select another location if necessary.

- According to the location, prices will be displayed in the local currency. Buyers can select another currency regardless the location of their account.

Business model • Products on Wish are sold by 3rd party vendors. Wish charges a fee for each transaction. If the merchant uses additional services or product features, there might be additional fees. There are different shipment formulas: - Products being packed and shipped by the vendor under normal conditions; - WISH EXPRESS: Vendors should pack, ship and deliver the products within an expected time frame (between 5-10

working days). This programme offers some benefits (increased product visibility, Wish Express badge, faster payment eligibility, etc.). Vendors who do not comply with the requirements can be fined or even prevented from participating on it.

- Fulfilment by Wish: the fulfilment centre packs and ships the product. It’s restricted to items under 2kg and with a price range between 5-25$. Vendors are still responsible for refunds related to the product.

• Wish acts as the first point of contact in receiving customer support issues.

• Wish is currently deploying a new program called Wish Local. It’s meant to be a partnership between traditional stores and the platform. Traditional stores can act as pick up points but they can also choose to stock products previously selected by Wish according to their sales volume.

Role of the company - Products sold on Wish come from third party vendors. Wish charges a fee for each transaction. - Vendors can enrol to the Fulfilment by Wish program. Wish will be responsible to pack and ship items stored in their

warehouse (one in Tallinn and another in Amsterdam). - Vendors can participate in the product boost program. Products will be placed by the platform where they have a higher

chance of being bought. Wish is paid to promote these products. - Some products might automatically receive the seal “Verified by Wish” based on the number of sales and customer

feedback.

Offices San Francisco, San José, Seattle, Toronto, Amsterdam, Shanghai and Hangzhou

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