"AI toy" is a marketing label, not a legal category, so a toy with artificial intelligence features is judged under the same toy safety rules as any other plaything. In the United States that means the mandatory ASTM F963 standard under 16 CFR part 1250, and in Canada it means the Toys Regulations under the Canada Consumer Product Safety Act. Both address physical hazards such as electrical faults, loud noise, batteries, and small parts.
Key takeaways
- The Consumer Product Safety Commission (CPSC) says toys made on or after April 20, 2024 must meet ASTM F963-23, and toys for children 12 and under need third-party lab testing and a Children's Product Certificate.
- Canada's Toys Regulations define a toy as a product intended for use by a child under 14 in learning or play, and cap toy noise at 100 dB.
- The toy rules reviewed for this article describe hardware hazards; none of the pages checked mentions chatbot answers or software behavior.
- Health Canada's toy safety tips page gives no specific advice on connected toys, but it does advise secure, child-resistant battery compartments.
- A passing safety certificate for the hardware says nothing about what a connected toy says to a child.
What "AI toy" can and cannot mean
Toys sold as "smart" or "AI-powered" range widely. Some run a small program that reacts to button presses. Others send a child's speech to an online service and speak the reply. Neither description changes the legal definition of the product. The CPSC defines a toy as an item designed, made, or marketed as a plaything for children under 14, and Canada's Toys Regulations describe a toy as a product intended for use by a child under 14 years of age in learning or play. What counts is the intended child user, not the technology inside. For privacy and conversation risks of chatbot-style toys, a separate article on this site covers the testing by consumer advocates; this one stays with product safety law.
United States: ASTM F963 and the Children's Product Certificate
Section 106 of the Consumer Product Safety Improvement Act of 2008 made ASTM F963 a mandatory standard for children's toys, and it is codified at 16 CFR part 1250. According to the CPSC, toys manufactured on or after April 20, 2024 must meet the 2023 edition. Toys designed or intended primarily for children 12 and under must be tested by a CPSC-accepted laboratory, and the manufacturer or importer must issue a Children's Product Certificate (CPC) citing the applicable rules. Toys aimed at children 13 and older may still need to meet the standard, but they do not need third-party testing or a CPC.
Several parts of the standard bear on electronic toys. Battery-operated toys must keep children from reaching the battery during play, must be labeled, and must not overheat. Sound-producing toys must meet volume limits meant to reduce the risk of hearing damage. Electrically operated toys are covered separately by 16 CFR part 1505, and loose magnets that fit the small-parts cylinder must have a flux index below 50.
Canada: the Toys Regulations
The Toys Regulations (SOR/2011-17) are made under the Canada Consumer Product Safety Act. The Justice Laws Website shows them current to September 30, 2026, with the latest amendment dated November 20, 2024. Their headings include electrical hazards, mechanical hazards with a small-parts schedule, auditory hazards, thermal and flammability hazards, and toxicological hazards. Section 5 requires an electrically operated toy to meet Canadian Standards Association standard C22.2 No. 149-1972, and section 19 states that a toy must not emit more than 100 dB, measured at the distance the toy would ordinarily be from the ear of the child using it. The regulation text reviewed has no battery section, so Health Canada's guidance for battery compartments is advice rather than a rule in that text.
Where each hazard is addressed
The table is a simplified orientation drawn from the CPSC page and the Justice Laws text. Standards have more detail than a summary can carry.
| Hazard | United States | Canada |
|---|---|---|
| Electrical | 16 CFR part 1505 for electrically operated toys | Section 5, CSA C22.2 No. 149-1972 |
| Noise | ASTM F963 sound-producing toy limits | Section 19, 100 dB at the child's ear distance |
| Batteries | ASTM F963 battery-operated toy requirements: inaccessible during play, labeled, no overheating | No battery section in the regulation text; Health Canada advises secure, child-resistant compartments |
| Small parts | 16 CFR part 1501 and ASTM F963 | Mechanical hazards section with Schedule 1 |
| Magnets | Flux index below 50 for loose magnets that fit the small-parts cylinder | Specific-products section on magnetic toys |
| Software behavior, chatbot content, data | Not addressed in the CPSC toy page reviewed | Not addressed in the regulation text reviewed |
What the gap means for buyers
The last row of the table is the point. A connected toy can satisfy every hardware requirement and still say something unsuitable, because those rules were written around physical injury. Other laws, such as children's privacy statutes, cover the data a toy collects, but the toy safety pages reviewed do not describe any test of what a toy says. The notice in a product listing that a toy "meets safety standards" therefore deserves a follow-up question: which standard, and which hazard does it address.
Questions to ask about a toy with AI features
- Is an age range stated, and does the Children's Product Certificate or Canadian equivalent claim cover that range?
- Is the battery compartment secured so that a child cannot open it without a tool?
- Does the toy have a volume control, and how loud is it at ear distance?
- Does the toy need an internet connection to function, and what happens if the service ends?
- Does the maker say which online service generates the toy's replies?
This article gives general information about product safety rules. It is not legal advice or a product recommendation, and decisions about a particular toy belong with the parent or guardian.
FAQ
Are AI toys regulated differently from other toys?
In the pages reviewed, no. The CPSC page and the Canadian Toys Regulations do not create a separate category for toys with artificial intelligence, so the same hardware rules apply.
Does a Children's Product Certificate prove a toy is safe to talk to?
No. The certificate lists the safety rules a children's product was tested against, and those rules in the sources reviewed cover physical hazards.
What age does a toy rule apply to?
Both countries define a toy by an age line of 14. In the United States, third-party testing and the certificate apply to toys intended primarily for children 12 and under.
Where can safety tips for Canadian parents be found?
Health Canada's toy safety tips page covers age labels, noise, and battery compartments, and warns that button batteries are very dangerous if swallowed.
Related reading
- How AI toys are marketed
- Teaching kids about AI through activities
- The difference between AI and machine learning
- AI in English language learning
More in AI Basics.
Last verified: October 2026
Sources
- Toy Safety, U.S. Consumer Product Safety Commission, 2026
- Toys Regulations (SOR/2011-17), Justice Laws Website, Government of Canada, current to September 30, 2026
- Toy safety tips, Health Canada, page dated September 24, 2026