Is my business allowed to sell...

[Mandekinz]

Hello all,
I just wanted to know if there are any legal issues I would face with my business idea.

I am looking to sell children's plastic surprise party cups. My cups have surprise toys inside, but my issue is that I hand decorate my cups using stickers and sealing with modge podge.
The modge podge is not used on the straw or the barrier or the inside which someone drinks from.

Am I allowed to sell my cups like this? With using non toxic modge podge.
with the intention that the children can use the cups for drinking out of.

Thank you so much for your advise!

 

[Ozzy]

There are rules and regulations related to selling toys, and as your cups will have toys inside you will be subject to these;

The Gov link to the regulations relevant to the toys can be found here.

You are also selling the plastic cups, and as these may also be subject these relevant regulations too.

That's just the ones I can think of anyway.

 

[DontAsk]

Too many unknowns here. Children are known for putting all sorts in their mouths. Modge Podge might not be chemically toxic but could be physically unpleasant or harmful?

 

[WaveJumper]

Well I have to admit never heard of Modge Podge so had to do a little Google my second Google on the topic was is this safe for children that brought up some interesting reading although considered non toxic should not be used around anything that could end up in someones mouth.

So my advice is check out Ozzie's link plus a little more research into the alternatives out there for replacing the use of Hodge Podge

 

[BusterBloodvessel]

Forgive me if it's a stupid question, but why seal with mod podge.... can you not use cups with lids?

 

[Gecko001]

This idea seems to be a variation on "lucky bags" which I believe are still are being sold and at reasonable prices. Can you compete with them?

 

[Mandekinz]

Thank you all for the replies.

 

[Mandekinz]

Forgive me if it's a stupid question, but why seal with mod podge.... can you not use cups with lids?

I seal them because I hand decorate with stickers and resin is expensive. Modge Podge is water resistant and non toxic, so I thought it may be OK. But I am very clueless and new to all this haha

 

[Mandekinz]

There are rules and regulations related to selling toys, and as your cups will have toys inside you will be subject to these;

The Gov link to the

You are also selling the plastic cups, and as these may also be subje

That's just the ones I can think of anyway.

Thank you Ozzy. My toys are manufactured in China, so do we have to do checks in the UK on top of the ones in China. Im assuming they need to regulate products before sending to UK?

 

[Mandekinz]

This idea seems to be a variation on "lucky bags" which I believe are still are being sold and at reasonable prices. Can you compete with them?

Thank you for replying. It is a variation, but my cups have a surprise contraption and its a re-useable drinking cup for kids, so its not a "throw away" product.

 

[Ozzy]

Thank you Ozzy. My toys are manufactured in China, so do we have to do checks in the UK on top of the ones in China. Im assuming they need to regulate products before sending to UK?

Tbis is something you will need to research or engage the services of @MOIC

 

[fisicx]

Thank you Ozzy. My toys are manufactured in China, so do we have to do checks in the UK on top of the ones in China. Im assuming they need to regulate products before sending to UK?

Yes! China doesn’t need to regulate anything. It’s your responsibility to obtain the relevant certification and ensure the correct labelling is applied.

 

[Paul Kelly ICHYB]

Im assuming they need to regulate products before sending to UK?

Nope. That is your responsibility.

Some companies might do tests to make getting customers in a region easier e.g. CE for the EU. However, for toys, you can't be too diligent - I am sure your insurer will have highlighted that!

 

[Mandekinz]

Nope. That is your responsibility.

Some companies might do tests to make getting customers in a region easier e.g. CE for the EU. However, for toys, you can't be too diligent - I am sure your insurer will have highlighted that!

What Insurer?

I havent started anything official. I am trying to find out if this business is allowed or not

 

[fisicx]

What Insurer?

I havent started anything official. I am trying to find out if this business is allowed or not

It is allowed. You just need to be properly insured and regulated.

Get samples of the product and apply for testing. It’s not cheap but is necessary.

 

[Paul Kelly ICHYB]

It’s not cheap

Nope - that it ain't!

What Insurer?

The insurer who you will have public & product liability insurance with!

 

[Picture Bute]

I'd be more worried about not knowing what the substance you're intending to put on the cups is actually called.

 

[MOIC]

Never rely on China factories certificates, especially anything related to children's safety.

Even if all the certificates were verified, what insurance would you need if (God forbid) there was an accident with swallowing part of a toy?

 

[Mandekinz]

It is allowed. You just need to be properly insured and regulated.

Get samples of the product and apply for testing. It’s not cheap but is necessary.

These toys are already made. I am only looking at party bag filler type toys for example from Temu

 

[Paul Kelly ICHYB]

These toys are already made.

So? They still need to be safe!

I am only looking at party bag filler type toys for example from Temu

You mean small things that kids can swallow or may have toxic contents?

 

[fisicx]

These toys are already made. I am only looking at party bag filler type toys for example from Temu

They still need testing in the UK and the correct labels applied.

 

[Mandekinz]

So? They still need to be safe!


You mean small things that kids can swallow or may have toxic contents?

What about all the other toys that are sold in the UK?

its literally cups with premade toys inside. LIKE mystery bags etc!

My cups will have labels that explain for parents to watch children with the products. Hazards etc.

They still need testing in the UK and the correct labels applied.

How am I meant to test a TEMU toy? Like a fidget toy. How am I meant to test this?

These products are already being advertised as toys from TEMU

 

[thetiger2015]

How am I meant to test a TEMU toy? Like a fidget toy. How am I meant to test this?

These products are already being advertised as toys from TEMU

You send them for sample testing at an official test centre - they'll check for things like lead, risk of swallowing, solvents in the paint.

It is your duty to ensure the products you place on the UK market adhere to UK safety regulations.

Temu are not the importer or reseller of the product in the UK market. You are, therefore you take all legal obligation for placing the item in the hands of children within the UK or the EU for that matter.

It's taken very seriously! Trading Standards have tested our products several times over the years, randomly, from shops or our website without telling us. We just receive an email or letter saying they've passed the required compliance tests.

 

[fisicx]

What about all the other toys that are sold in the UK?

They all paid for testing.

 

[MOIC]

Apart from the product safety issues, check your product liability insurance requirements and costs.

You'll find there'll be a host of requirements from the insurance companies, which many Chinese made toy manufacturers will be unable to give.

@Frank the Insurance guy is the person to help guide you through your public liability insurance.

 

[MOIC]

My cups will have labels that explain for parents to watch children with the products. Hazards etc.

So, your passing the responsibility to parents to oversee what their kids do?

Can you guarantee the age groups that will be at these parties, and there will be no 1/2/3 year olds having access to the toys?

Kids safety is paramount (both morally and legally), and the responsibility will be on you, not the parents or any labeling, you hope will pass on responsibility to others.

You need to think this through.

 

[Frank the Insurance guy]

Apart from the product safety issues, check your product liability insurance requirements and costs.

You'll find there'll be a host of requirements from the insurance companies, which many Chinese made toy manufacturers will be unable to give.

@Frank the Insurance guy is the person to help guide you through your public liability insurance.

Insurance is not going to be cheap! Insurers will look very closely at any toy products, especially if coming from outside Europe or North America - they will want to see you have carried out your own due diligence on the product and will have ongoing quality control measures in place (independent of the manufacturer).

As an aside - Products Liability Insurance is not compulsory. If you are a sole trader, your are personally liable for any injury or damage caused by your product, so without insurance in place your personal wealth/property is at risk! If you are a Ltd company, you have some protection under the ltd company, but can still be held personally responsible in certain situations.