Teether: Toy or Child Care Product?
Author: Nadezhda Kirilchuk, expert
As the GOST standard 35099-2024 “Toys. Classification. Terms and definitions” and the GOST R standard 71351-2024 “Products for newborns, infants, and toddlers. Classification. Terms and definitions” are due to come into force, we would like to talk about the terminology established in these documents, using the teether as an example. In this article, we are going to analyze how the standards may affect the conformity assessment of this product.
The problem of identification
There are quite a few common terms for a teething toy: teether, gum massager, teething ring, chew toy, etc. When we say one of these words, we immediately understand what is being meant. However, if technical regulation comes into play, the teether as a product may not be as simple as it seems. At first glance, the names that we mentioned earlier refer to one and the same product. But in practice they have different functions and characteristics.
Therefore, despite its rather simple construction, performing a conformity assessment of this product requires adequate experience and competence on part of the expert so that the product may be identified correctly. The difficulty lies in the fact that depending on the function of the product as determined by its manufacturer, one and the same product may be subject to the scope of different technical regulations of the Eurasian Economic Union (EEU), namely: “On the Safety of Toys” (Technical Regulations of the Customs Union (TR CU) 008/2011) or “On the Safety of Products Intended for Children and Adolescents” (Technical Regulations of the Customs Union (TR CU) 007/2011). Let us delve into the intricacies of technical regulation.
In practice, products with the name “teether” may be classified under different codes according to the Commodity Nomenclature of Foreign Economic Activities (TN VED) of the EEU and released into the market with the codes under positions 9503, 3924, or 3926.
If a TN VED code under position 9503 is designated, the product is automatically identified as a toy for children and falls under the scope of the technical regulations TR CU 008/2011. If a TN VED code under position 3924 or 3926 is designated, the product will be classified as a child care product and fall under the scope of the technical regulations TR CU 007/2011. However, is the procedure always this straightforward? The answer is – no. Practical experience shows that identifying a teether under a TN VED EEU code is not a reliable way of determining what technical regulations apply for this product.
To identify a product correctly in such a case, that is, to determine the technical regulations that apply for this product, it is recommended to use the terms and definitions established for the application of the technical regulations, in addition to the TN VED code designated by the customs authorities for this particular product.
The technical regulations of the Customs Union TR CU 008/2011 do not provide an exact definition for a teether. However, the fundamental standard establishing the requirements for toys, namely GOST EN 71-1-2014 “Toys. Safety requirements. Part 1. Mechanical and physical properties”, included in the List of International and Regional (Intergovernmental) Standards and in the case of their absence, national (state) standards ensuring voluntary compliance with the requirements of the technical regulations of the Customs Union “On the Safety of Toys” (TR CU 008/2011), has a definition for a product with a similar function. A “teething ring” is a toy which a child chews on while teething, intended to alleviate the child’s condition. In the terminology of TR CU 008/2011, a teething ring (a teether) constitutes a toy and therefore falls under the scope of these technical regulations and must be assessed for conformity with its requirements.
Let us look at the technical regulations TR CU 007/2011 “On the Safety of Products Intended for Children and Adolescents”. In accordance with Article 1 thereof and Appendix No. 1 to TR CU 007/2011, child care products fall under the scope of these technical regulations, including, but not limited to, toothbrushes, gum massagers, and similar products intended for oral hygiene.
However, TR CU 007/2011 does not provide us with a clear conception of what a gum massager or a similar product is, as well as whether a teether may be viewed as a “similar product”.
Conformity assessment
It is important to note that the technical regulations TR CU 007/2011 and TR CU 008/2011 clearly state the form of conformity assessment for applicable products. Under TR CU 008/2011, all toys are subject to a conformity assessment in the form of certification. In accordance with TR CU 007/2011, products intended for oral hygiene are subject to a conformity assessment in the form of state registration with a subsequent declaration of conformity.
If we look at the Unified Register of Certificates of State Registration, we will find that the majority of teethers (which constitute a toy according to their function and construction) are classified as child care products and must therefore undergo a state registration to assess conformity with the requirements of TR CU 007/2011.
We suppose that the deciding factor in identifying a product as falling under the scope of TR CU 007/2011 was the TN VED code designated for this product and not the construction and function of said product. Consequently, a product that is a toy may be assessed for conformity with technical regulations that are not applicable for it. With this in mind, the development of a standard with established terms and definitions for child care products is of particular importance.
Industry standards for terms and definitions
Up to 2024, there were no standards establishing the terminology for child care products and applicable to the scope of TR CU 007/2011. Nevertheless, we have seen that such a standard is very much needed. The Association of Manufacturers in the Children Product Industry (hereinafter referred to as the AIDT Association) has developed the GOST R 71351-2024 standard “Products for newborns, infants, and toddlers. Classification. Terms and definitions”. This standard is intended to facilitate an understanding between the manufacturer, the customer, and the oversight organs.
The GOST R 71351-2024 standard came into force on February 1, 2025. This standard establishes the classification and definitions for products intended for children, including for child care products. It contains a definition for a gum massager: a brush massager manufactured from a safe material and intended for brushing milk teeth and massaging gums. Thus, a brush product intended primarily for a child’s oral hygiene and simultaneously for massaging gums falls under the scope of TR CU 007/2011.
GOST R 71351-2024 also provides a definition for a teether (teething ring). A teether (teething ring) is a special toy that an infant bites and chews on to alleviate itching, pain, and discomfort while first teeth are cutting and gums are swelling up. This definition of a teether as a toy is in compliance with the aforementioned definition from GOST EN 71-1.
In addition to GOST R 71351-2024, the AIDT Association has developed the GOST 35099-2024 standard: “Toys. Classification. Terms and definitions”. This standard is due to come into force as a national standard of the Russian Federation on August 1, 2025. It has already been included into the List of International and Regional (Intergovernmental) Standards and in the case of their absence, national (state) standards ensuring voluntary compliance with the requirements of the technical regulations of the Customs Union “On the Safety of Toys” (TR CU 008/2011). It will be applied for the purposes of technical regulation starting from July 1, 2025.
GOST 35099-2024 also establishes a definition of a teether as a toy that the child chews on while first teeth appear and that is intended to alleviate the child’s symptoms and overall condition. It appears, then, that the definitions for this group of products contained in the new standards conform well with each other.
In conclusion, based on the terminology of newly developed standards, a teether is a toy primarily intended to alleviate the child’s symptoms and overall condition during teething. This definitively classifies the teether as a toy falling under the scope of TR CU 008/2011. Gum massagers are primarily intended for oral hygiene, therefore they are classified as child care products and fall under the scope of TR CU 007/2011.
When determining the technical regulations applicable to such products as teethers, gum massagers, teething rings, chew toys, it is important to consider the characteristics and the primary function of the product as established by its manufacturer.
We hope that the new standards will be a reliable instrument in product identification and facilitate an understanding between all stakeholders.