On September 9, 2024, the U.S. Consumer Product Safety Commission (the “Commission”) published a proposed rule to establish a safety standard for water bead toys and toys containing water beads. To address the risk of injury and death associated with children ingesting water beads, aspirating and choking on them, or inserting them into the nose or ear, the proposed rule adds performance and labeling requirements for water bead toys and toys containing water beads. Specifically, the proposed rule:
- defines a water bead as a “spherical or spheroid water-absorbent object, intended to expand in size when immersed in a liquid”;
- establishes acrylamide level limits for water beads;
- implements new testing for water beads to limit acrylamide in water beads in response to toxicity hazards when they enter the body;
- updates labeling requirements for water beads, including mandating warnings on products and instructional literature; and
- amends its list of notice of requirements (NORs) to include water bead toys and toys containing water beads.
The Commission has determined that a majority of the businesses that sell water bead toys are wholesalers of hobby goods, toys, and plastic products. Retailers of water bead toy products are hobby and toy stores, department stores, and warehouse stores, and supercenters. Some of these products may be sold by convenience stores, but according to the Commission, the number of units sold from such stores is negligible. The proposed rule states that over 30 firms supply water bead toys to the US market. The Commission estimates that the number of small firms covered by the rule amounts to seven manufacturers, 23 importers, and 12,681 retailers.
The Commission has prepared an initial regulatory flexibility analysis (“IRFA”) for the rulemaking outlining the costs and impacts to small businesses. The analysis states the proposed rule will have a significant economic impact on a substantial number of small businesses, primarily from redesign costs in the first year that the final rule would be effective.
The proposed rule states water beads that expand to larger than 9.0 mm or to more than 50 percent greater than their original size in diameter when tested, would require modification to meet the proposed rule or be taken off the market. Water bead toys that do not meet the proposed acrylamide limit would require modification or discontinuation.
While the IRFA suggests that small manufacturers would incur significant costs from redesign, retooling, loss of product sales, and material change to comply with the proposed rule, the Commission does not provide an estimate of these costs. However, it assumes that the labeling costs per product are negligible (less than $0.01) and would have an insignificant impact on small firms. The Commission estimates that the cost of certification testing would range from $300 to $500 per product sample.
The Commission is requesting comments on the rule, and small businesses are encouraged to provide detailed information on the direct cost implications and whether any regulatory alternatives would minimize the impact on small entities.
Comments are due by November 8, 2024.
Read the proposed rule and submit comments.
Advocacy contact: Send an email to Shanerika Flemings at shanerika.flemings@sba.gov.