Cobalt in toys: from 29 August 2026 three uses permitted despite CMR classification — stainless steel, current-conducting parts and neodymium magnets
A regulation of Poland’s Minister of Finance and Economy published on 30 July 2026 (Journal of Laws item 1019) transposes Commission Directive (EU) 2026/192, which adds cobalt to the list of permitted uses of carcinogenic, mutagenic or reprotoxic (CMR) substances in toys. Apart from the general exceptions — a concentration not above the classification limit or inaccessibility to children — cobalt, classified as CMR category 1B, is permitted in toys from 29 August 2026 in three uses only.
- The permitted uses are: cobalt as an impurity of nickel in toys and toy parts made of stainless steel, cobalt in toy parts intended to conduct electricity, and cobalt in neodymium-based magnets used in toys, provided the magnets cannot be swallowed or inhaled.
- Metallic cobalt and several cobalt salts — including cobalt sulphate, di(acetate), dinitrate, dichloride and carbonate — are classified as carcinogenic category 1B, mutagenic category 2 and toxic for reproduction category 1B. According to toy industry estimates, cobalt as a nickel impurity reaches slightly above 0.1 % in stainless steel and 0.3 % in other metallic materials conducting electricity — above the 0.1 % concentration limit for category 1B carcinogens.
- The scientific committee SCHEER assessed 6 exposure scenarios. For children’s make-up, 3D pens and 3D printing materials, paints, inks and coatings, chalk and chalk bombs, toys made of leather and textiles, and batteries it identified no safe uses — recommending, among other things, cobalt-free pigments and avoiding cobalt-containing materials in 3D printing; it also recommended lowering cobalt migration limits to the lowest technically achievable levels.
- The directive itself only adds a “Cobalt” row to Appendix A of Annex II to Directive 2009/48/EC; Member States had to adopt their provisions by 29 July 2026 and apply them from 29 August 2026. The Polish regulation amends the footnotes of the regulation on toy requirements, adding Directive 2026/192 to them.