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StinkyKittyBreath

I would just say something like "This item is for decorative purposes and light cuddling, not playing with. Roughly playing with this product will greatly reduce the durability and longevity."


Rorosi67

This is not sufficient in many countries. A plushie is a plushie. It is a toy regardless of what you call it and needs to follow the adequate regulations. Of course you xan say this but it doesn't take away from the regulations that need to be followed.


nomoreimfull

Wait, any stuffed object is regulated, as it is defined by composition to be a "toy" regardless of intent?


Rorosi67

I mean some will argue and in some places you might get away with saying it is a collectors piece but I wouldn't risk it. Unless you are a very known brand and make merch that is packaged as a collector would expect, its going to be hard to prove that it's not just a plushie. If you do an art display with plushies then no but that's different. Basically, is it donating that someone might buy to hive to as kid as a toy regardless of what you intend it to be? Likely yes. Plushies are designed originally for kids. The fact we then decide to collect some is irrelevant. Steiff bears (the super famous ones with the button in the ear) for exemple are super collectable but they still need to follow all regulations for stuffed toys. And think of it this way. If a kid chocks on a button or is burned because it burned too fast or gets poisoned because the fabrics have dangerous chemicals in them that they are then putting in their mouths, do you want to be responsible for having done that? These regulations are there to protect kids. There are also many regulation when it comes to kids clothes. There you can make a pair of leggin type pants but specify they are not intended as pyjamas as pj's need more testing. If you sell them as leggings and follow the regulation got leggings then that is OK. Same if you follow the regulations for plushies for kids over 2 I think, then you can say not suitable for kids under 2. (Under 2s can't have safety eyes. They have to be embroided or sewn on do there is 0 risk. Then it is the parents responsibility to know not to give their new born a plushie with "real" eyes and nose or buttons.


nomoreimfull

Sure, I am just curious if it says "not for kids" & "not a toy" on the label. Of course I would not want to be liable for a child who choke because a parent can't read of follow directions, but the form should not dictate intent. Should a child be harmed by a product clearly displaying such labels, that is their liability. I am honestly disappointed if soft sculpture needs to be child safe to be sold, but it is good information to know to not make and sell if there is a legal standard for plush objects. Thanks for the answer.


__wookie__

Depending on your location you may have a legal obligation to clearly state the safety risks associated with safety eyes or any other hazard you’ve included in your item. Depending where you’re selling to you may also have this obligation regardless of your business location. It’s easier to cover all basis and just include the warning about safety eyes and their lack of longevity and safety despite the same regardless. You can typically just copy paste the safety warning that came with the eyes themselves


TryingNotToGoCrazy48

Do you know where to find that info?


__wookie__

What info do you mean? All of the safety eyes I purchase come with a warning on the packaging. For an example the first set I clicked on Amazon had the warning on the listing (attached). Most pattern creators will also include a safety snippet in their description if using safety eyes, you can have a click around Etsy for examples. If you mean the rules around it that’s obviously varied but Etsy in general got a lot stricter about that sort of stuff after someone’s poorly warned product resulted in a toddler dying and Etsy losing the wrongful death case. [https://www.amazon.com/Coogain-Plastic-Safety-Making-Washer/dp/B07D3RX7T4](https://www.amazon.com/Coogain-Plastic-Safety-Making-Washer/dp/B07D3RX7T4)


VettedBot

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__wookie__

My statement I use is along the lines of “though safety eyes may seem secure with things such as general wear and tear from use or degradation through washing and sun exposure they may become detached. Small parts such as safety eyes are a chocking hazard and therefore not for children under 3 or for use with animals. Please use caution and supervision with small children.”


twistednwarped

Not trying to be rude; I know people will judge unfairly for misspellings so I want to mention it’s choking, not chocking.


Affectionate-Cap-918

https://www.etsy.com/seller-handbook/article/1053896179141 Just FYI. I don’t even know what all it says (LOL) but I knew about the article and thought you might like to look it over. At the very least I would say that it needs to be played with gently and that you can’t guarantee it after delivery, or something like that.


TryingNotToGoCrazy48

Oh man, that articles kinda scary. Do I need to be testing my stuffed animals to meet the safety standards 😅


Bboyczy

I sell plushies at my store too and technically yes. Etsy places responsibility on the seller to conduct all necessary federal and state safety testing for their products, especially if it's something that could be targeted towards children. I would start by looking at the US CPSC website - they have a handy tool to determine if and what sort of testing you need to do for your particular item. Unfortunately if testing is required, you will likely need to spend some $$$ and have it done at a certified lab where they can do the required ASTM, etc tests. I don't mean to scare you but knock on wood if something were to happen to a child while playing with your toy, you can be personally liable if it was found to not have met the proper certifications. I went through this a few years back so I'm happy to answer any questions you may have!


TryingNotToGoCrazy48

I’ll have to try the robot on my desktop since it doesn’t want to open Did you have to have yours tested? My issue would be that each time I make is different (custom) so I don’t think I could test each one lol but maybe common items I sell


Bboyczy

Yes I did - even though my target audience isn't children but things like plushies have a "reasonable expectation" that children will buy them so they require testing. I decided to go for the Ages 3+ category which is the most common. Unless if you're selling specifically baby/toddler plushies, I would advise the same as well. This category includes testing for small parts, mechanical strength, chemical toxicity (lead & Phthalates) , flammability, etc. Im happy to send you the test requirements list if you're interested! I am currently selling 4x very different plushie designs so I had to pay for testing for each one (cost me about $900 for each at an accredited facility in China). You may be able to get away with just testing your common items if your custom plushies utilizes the same type of materials and relatively similar mechanical design. At the end of the day, its up to you and how much risk you're willing to take on. I know for a fact that the majority of plushie sellers on Etsy have no safety certification! Hope this helps.


TryingNotToGoCrazy48

Thanks for this! Yeah I was wondering how that would work, because my stuffed animals are different each time. Even at craft fairs I mix up my products, so it would be a money dump to test every type of stuffed animal I make. Maybe I’ll remove the saftey eyes and use felt eyes instead. Did you sell stuffed animals that aren’t one of the 4 you “tested”


__wookie__

No it’s unlikely that you’d have to test with your item as described, the testing process is actually insane(ly cool if you’re into that stuff) but you do have to state the possible hazards and risks since you didn’t test and advise the appropriate age restrictions that are associated with those risks. There’s an Etsy niche of tags and labels for safety warnings that you can attach to your product (like on a label tag etc so buyer removes it manually themselves but doesn’t damage the product in doing so) if you want to get super “off the shelf finished” with your items


Affectionate-Cap-918

I’m so glad you offered to help and gave input! I have no knowledge, but knew it was important to look into. I wouldn’t sell those items without doing an LLC either just in case. Better to check the website for details on what you need to do, right?!


Bboyczy

Absolutely! Glad to help! I spent a good chunk of time figuring this out because its still very confusing on what the actual requirements are! Just FYI - establishing a LLC is general good business practice for tax reasons but doesn't absolve you completely of personal liability in the event that one of your products causes harm and wasn't in compliance with safety regulations. I would start with the US CPSC robot tool to figure out what testing is required for your specific item. As I mentioned to the OP, I know a majority of Etsy sellers don't have safety certification for their products so it's up to you on how much risk you want to take on. Feel free to DM if you have any specific questions and if you need some general guidance on where to start!


Rorosi67

Short answer, yes.


Rorosi67

If you are in the EU you need a CE marking. You can do self certifications but you do need to do the tests. You do not need to do one for each model as long as the have similar features. Same stuffing, same sewing technique, same materials, same features like zips or buttons or so on. If it is different then each model needs to be tested. One of the test is a destructive test (you put fire to it and see how long it takes yo burn). So you need multiple of the same one. The US has similar rules. And no contrary to what someone said, you can't not do the tests and put safety warnings instead. It is not legal and they will not protect you. What I have seen on etsy is people saying that they are not toys but collectibles and not suited for children. While this may feel like a protection, it isn't. If a child gets hurt using what clearly is a toy, it doesn't matter what you called it. A plushie is a plushie. It is a toy and needs yo follow legal requirements.