A study on toys sold in the local market conducted in July 2011 by the Eco Waste Coalition (a non-profit organization advocating for a zero waste and toxics-free society) and IPEN (a global NGO network promoting safe chemicals policies and practices) found 29 percent of 200 toy samples to be laden with harmful substances such arsenic, cadmium, chromium, lead and mercury above levels of concern. None of the samples had labeling information about their chemical composition, and many had no cautionary statements. Subsequent studies revealed the prevalence of more unsafe toys in the market, which can pose chemical, choking, flammability, laceration, strangulation and other health and safety hazards, especially among young children. Legislators took notice of the problem and filed pertinent bills, including Senate Bill 3367 and House Bill 6529, to protect children from unsafe toys through mandatory safety labeling requirements.
Republic Act 10620, or the Toy and Game Safety Labeling Act, was subsequently enacted by the 15th Congress and finally signed into law by thelate President Benigno S. Aquino III on 3 September 2013. Toy and game would refer to any object clearly intended as plaything for children below 14 years of age. It took a long time for the assigned agencies (Department of Trade and Industry and Department of Health) to promulgate the law’s Implementing Rules and Regulations (IRR). After their repeated demands for the promulgation of the IRR went unheeded, the Eco Waste Coalition and Laban Konsyumer Inc., together with 20 mothers as petitioners, filed a petition for writ of mandamus on 23 October 2018 at the Quezon City Regional Trial Court to direct the DTI and DOH to immediately issue RA 10620’s IRR. After a long delay, DTI Secretary Ramon Lopez and DOH Secretary Francisco Duque III signed the IRR of RA 10620 on 20 January 2019.
The Food and Drug Administration (FDA) on 25 November 2020 issued Advisory No. 2020-2022 reiterating the mandatory labeling requirements for toys and childcare articles in line with RA 10620.
As stipulated in the IRR of RA 10620, covered toys and games shall contain the following labeling requirements, which shall be generally written in English:
1. License to Operate (LTO) number as issued by the FDA;
2. Age grading;
3. Cautionary statements/warnings;
4. Instructional literature;
5. Manufacturer’s markings;
6. Item, model, stock keeping unit (SKU) number.
The above labeling requirements shall be embossed on, directly printed, appeared on, or affixed to the package, container, wrapper, or protective coverings of the product. Furthermore, the label shall be in a visible, easily legible, understandable and indelible form.
R.A. 10620 provides for the removal from the market of toys and games that do not adhere to the labeling and packaging requirements. Such non-compliant toys and games shall be considered misbranded or banned hazardous substance, and shall be withdrawn from the market at the expense of the manufacturer, importer, wholesaler or distributor. (Section 8) Furthermore, toys and games found to be in violation of R.A. 10620 shall be confiscated, forfeited and disposed of. (Section 11)
Notwithstanding, the toy market shows a number of non compliance with the law. Despite the pandemic , the Ecowaste Coalition conducted a series of monitoring of toys in 25 cities from August to November 2021. The results were:
- 8 or 4 % out of 209 toys complied with the labeling information required by the law
- 162 toys do not bear the License to Operate
- 73 toys did not contain age grading
- 80 toys did not contain cautionary statement or warning
- 175 toys have no instructional materials
- 149 toys have no manufacturing markings
- 149 toys have no item model/SKU number
- 21 toys contain information in a foreign language.
The results of the monitoring and investigation conducted by the Ecowaste Coalition shall be submitted jointly by the Ecowaste Coalition and Laban Konsyumer Inc. to the Food and Drug Administration for appropriate disposition, recall or confiscation from the market , cancellation of permit and imposition of fines.
Any person who shall violate any provision of this Act shall be subject to a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court.” (Section 10). The criminal penalties shall be without prejudice to administrative sanctions, which the DOH may impose.
Atty. Vic Dimagiba
President of Laban Konsyumer Inc.
Email at [email protected]