Toy Safety by Age (2026): Rules Parents Should Know

Sorting the toys in a house with a baby or toddler, including an older sibling's, goes age by age. Each age lists what federal toy rules and the American Academy of Pediatrics (AAP) say, then come small parts, choking, button batteries, magnets and what toy makers must meet.

Where it comes from: the U.S. Consumer Product Safety Commission's (CPSC) small parts summary for 16 CFR part 1501, toy safety business guidance, magnet safety center and button cell and coin battery FAQ, and the AAP's HealthyChildren.org pages on buying safe toys, choking prevention and button and lithium coin batteries. Each rule below names its source; this guide recommends no products.

The rules at each age

Key point: the age on a toy's label is a safety rating as well as a skill level. The AAP says age guidelines "are based on any possible choking hazard, as well as a child's physical and mental abilities at various ages."

What counts as a small part?

The CPSC's small parts summary explains the test. A small part is "any object that fits completely into a specially designed test cylinder 2.25 inches /57.10mm long by 1.25 inches /31.70 mm wide that approximates the size of the fully expanded throat of a child under three years old."

A small part can be a whole toy, a separate piece of a toy, or a piece that breaks off during testing that simulates use and abuse by children. A toy intended for children under 3 that has one is banned.

Whether a toy is "intended for" children under 3 depends on:

• The manufacturer's stated intent, such as the age on the label.
• How the toy is advertised and marketed.
• Whether it is commonly recognized as a toy for children under 3.

The rule does not apply to toys intended only for children 3 and older. So a toy labeled 3+ can legally contain small pieces, and an older sibling's toys are where a baby or toddler is most likely to find them.

You don't need the test cylinder at home. The AAP's simpler rule is "Think LARGE": make sure all toys and parts are larger than your child's mouth.

The choking warning for ages 3 to 6

Toys and games with small parts intended for children 3 to 6 must be labeled to warn buyers not to give them to children under 3. The CPSC says marbles, small balls and balloons require similar warnings (16 CFR 1500.19).

Some items are exempt from the small parts ban because they cannot be made without breaking into small pieces, including balloons, books, crayons, chalk and modeling clay. Exempt doesn't mean safe for a toddler, so watch these items around young children.

Which things do children choke on?

The AAP's choking prevention page says "most children who die from choking are under age 5—and two-thirds are babies under a year old." It lists balloons, balls, marbles, pieces of toys and foods as causing the most choking deaths.

Household items the AAP says to keep away from infants and children include:

• Balloons, marbles and small balls
• Toys with small parts, and toys that can be squeezed to fit entirely into a child's mouth
• Coins, pen and marker caps
• Small button-type batteries and lithium coin batteries

The AAP suggests checking under furniture and between cushions for coins, small toys and batteries. It also notes that many choking incidents happen when older siblings give small toys or objects to a younger child.

How dangerous are button batteries?

Button and coin batteries are in remotes, key fobs, thermometers, musical greeting cards, flameless candles and plenty of toys. The AAP's battery safety page says lithium coin batteries about 20 mm across, similar in size to a nickel, are the most dangerous for young children because they are about the size of a child's esophagus.

If one gets stuck, the AAP says, it "can cause a chemical reaction that damages or burns through the esophagus within 2 hours."

What the federal rule requires

Under Reese's Law, the CPSC's battery FAQ says battery compartments holding replaceable button or coin batteries "must be secured such that they require the use of a tool or at least two independent and simultaneous hand movements to open." Products and their packaging must also carry warnings.

At home, the AAP suggests:

• Buying batteries in child-resistant packaging that needs scissors to open.
• Checking that battery compartments are secure, and taping them shut for extra protection.
• Storing devices that use these batteries out of reach, and throwing out old batteries right away, since "dead" batteries can still be dangerous.
• Posting the National Battery Ingestion Hotline, 800-498-8666, with your emergency numbers.

If you think your child swallowed a battery

The AAP's steps, in order:

1. Take your child to the emergency room or call 911. Tell the doctors it might be a lithium coin battery.
2. Offer honey if it is on hand. While you wait for emergency care, the AAP says you can give 2 teaspoons of honey if your child is over 12 months and can swallow liquids, up to 6 doses about 10 minutes apart.
3. Do not delay emergency care to look for honey. Give nothing else to eat or drink, and do not induce vomiting.

Why are swallowed magnets an emergency?

The CPSC's magnet safety center explains: "When two or more magnets are swallowed, they attract each other internally." It says many incidents have required surgery to remove the magnets, sometimes with repair of the child's damaged stomach and intestines.

The symptoms the CPSC lists are abdominal pain, nausea, vomiting and diarrhea. If you suspect magnets were swallowed, it says to seek immediate medical attention.

The AAP says to be careful about buying toys with high-powered magnets, as with small batteries: if they get loose, younger children might put them in their mouths, noses or ears. Keep older siblings' magnetic toys and loose magnets out of reach of young children.

Six more checks when you buy a toy

From the AAP's 10 toy buying tips:

• Read the label, and show your child how to use the toy correctly.
• Avoid toys that shoot objects into the air; they can cause eye injuries or choking.
• Avoid loud toys to protect your child's hearing.
• Choose well-made stuffed toys with secure seams and parts, remove loose ribbons or strings, and avoid toys with small bean-like pellets.
• Buy sturdy plastic toys; thin plastic may break into sharp pieces.
• Check electric toys for a UL mark on the label.

For babies, the AAP says soft objects, loose bedding and anything that could increase the risk of entrapment, suffocation or strangulation should stay out of the crib. Our safe sleep guide covers what belongs in a crib.

What the law requires of toy makers

The CPSC's toy safety guidance explains that the Consumer Product Safety Improvement Act made the ASTM F963 toy standard mandatory, as 16 CFR part 1250. Toys for children 12 and under must be third-party tested by a CPSC-accepted lab and certified with a Children's Product Certificate. The current version, ASTM F963-23, applies to toys made after April 20, 2024.

The small parts summary adds that toys and children's products must not have hazardous sharp points or edges, or paint and surface coatings with more than 0.009% lead.

Those rules cover new toys from sellers you can identify. Secondhand toys, party favors and older siblings' toys may predate current standards or have lost their age labels, so search our recalls page before passing down or buying used toys. Our babyproofing checklist by age covers the rest of the house.

This guide summarizes public guidance from the CPSC and AAP. It is not medical advice. In an emergency, call 911; for questions about your child's health, talk to your pediatrician.

Frequently Asked Questions

How can I tell if my child is choking?

The AAP's choking page lists the signs: a child who can't breathe, is gasping or wheezing, can't talk, cry or make noise, turns bluish, grabs at their throat, or goes limp needs help right away.

Is a button battery in the nose or ear dangerous too?

Yes. The AAP's battery page says button batteries "lodged in the nose or ear can also cause damage to the eardrum or nasal septum," which can lead to infections and affect breathing, smell and hearing.

How do I throw away old button batteries?

Wrap them in tape and put them in an outside garbage can, the AAP says. Do it right away: even "dead" batteries can be dangerous.

What if a toy might contain lead?

Remove recalled toys right away. The AAP's toy buying page says that if you think your child was exposed to a toy containing lead, ask the doctor about a blood lead test.

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