UNITED STATES

CPSC Issues Final Rule on Water Bead Toys and Toys Containing Water Beads

On 12 December 2025, the U.S. Consumer Product Safety Commission (CPSC) issued a Final Rule establishing a mandatory safety standard for water bead toys and toys that contain water beads, codified in 16 CFR Parts 1112 and 1250. The rule is effective 12 March 2026 and applies to water bead toys and toys that contain water beads manufactured on and after 12 March 2026.

CPSC explains that while ASTM F963–23 includes expanding-material requirements, they are insufficient to address all known water bead hazards (including ingestion, insertion into ear/nose, aspiration, and choking), and therefore this final rule establishes additional mandatory requirements specific to water bead toys, i.e. the new requirements apply in addition to the applicable provisions of ASTM F963–23 to the water bead toys and toys containing water beads.

Scope:

This rule applies to:

• Water bead toys (water beads marketed as toys), and
• Toys that contain water beads, including products where water beads are enclosed (“contained”) and not intended to be accessible during normal use.

“Water bead means a various-shaped liquid absorbent polymer, composed of materials such as, but not limited to, polyacrylamide and polyacrylate, which expands when soaked in liquid.”

It should be noted that the final rule does not use a percentage-expansion criterion; instead, it establishes a size-limit pass-through requirement using a 5.0 mm gauge after expansion testing.

CPSC identifies examples outside the scope as water beads that are not toys or not contained in toys and are for non-toy uses, such as decorative purposes (e.g., candle holders), plant hydration (vases/gardens), air freshener/deodoriser uses (including cat litter), and first-aid cold packs.

Performance Requirements (16 CFR § 1250.4(c)):

All water bead toys must comply with both mechanical and chemical requirements in § 1250.4(c).

• Size-limit requirement (Mechanical)

  • Requirement (5.0 mm gauge pass-through): For water beads that, when dehydrated, fit entirely in the Small Parts Cylinder (16 CFR 1501.4), the bead—after expansion—must remain whole while completely passing through either the funnel test gauge or sieve test gauge under its own weight, following the specified method.

     

  • Gauge diameter: The final rule uses a 5.0 mm diameter gauge.

     

  • Overview of test conditions (high-level):

    • Condition samples at 20 ± 5 °C and 40–65% RH for ≥7 hours.
    • If partially expanded: remove and dehydrate 120 hours, then confirm it fits the small parts cylinder in the dehydrated state.
    • Expand beads in deionised water at 37 ± 2 °C without agitation; maintain for 72 hours, measure at intervals to identify the greatest expansion before gauging.

• Acrylamide limit (Chemical)
  
  
  • Limit: Water beads must not have more than 325 mg of extractable acrylamide from 100 small beads (<4 mm in all dimensions pre-hydration) or one large bead (≥4 mm in any dimension pre-hydration).
    
    
  • Overview of test conditions:
    • Soak 100 small beads or 1 large bead in pH-neutral (neutralised) deionised water at 37 °C for 24 hours in a shaker bath (30 RPM), then analyse extracted acrylamide using an analytical instrument that can quantitate acrylamide at or below the limit.
    • Three separate trials must be conducted for extractable acrylamide to ensure results are consistent, given the bead-to-bead variation.

Labeling and Instructional Literature Requirements (16 CFR § 1250.4(d)):

The rule requires conspicuous warnings designed to minimise ingestion, insertion, aspiration, and choking risks.

• Warning placement and format
  • Warnings must be conspicuous and permanent on the principal display panel and in a distinct contrasting colour.
  • Warnings must conform to ANSI Z535.4–2023 with specified CPSC modifications (e.g., replacing “should” with “shall” in identified sections; striking “safety” before colour names).
  • Message panel text must use black lettering on a white background or white lettering on a black background; precautionary statements must use bullet points.
  • The warning must include the safety alert symbol and signal word “WARNING” (with specified sizing and placement requirements).

• Required Warning Content
  The required warning language differs for (1) water bead toys and (2) toys with contained water beads. At a minimum, the warnings must:
  • Identify the hazard (including that beads can grow larger when swallowed or inserted in the ear or nose);
  • State the severe consequence(s) (including intestinal blockage, deaths, and surgeries associated with inserted beads);
  • Instruct to keep away from babies and toddlers and to watch older children during use;
  • Direct consumers to get medical help right away if ingestion or insertion is suspected; and
  • For contained-bead toys, instruct consumers to discard the product if beads start to come out
    
    
  • Warning for Water Bead Toys and Their Packaging
    
    
    
  • Warning for Toys Containing Water Beads and Their Packaging
    

• Instructional literature
  If instructions are provided, they must include the same warning labels as the packaging, with similar formatting, but without the need to be in colour (contrast is still required).

Certification / Third-Party Testing:

The Final Rule will become effective on 12 March 2026.  To comply with the Consumer Product Safety Act, all water bead toys and toys containing water beads manufactured on or after 12 March 2026 must undergo testing at a CPSC-accepted third-party lab for certification of children's products, as outlined in the 16 CFR 1110 rule. Certification should cover applicable ASTM F963–23 requirements as well as the additional water-bead-specific requirements in 16 CFR § 1250.4.

Resources:

https://www.govinfo.gov/content/pkg/FR-2025-12-12/pdf/2025-22643.pdf

Enquiry:

For questions and additional information, please contact Dr Pratik Ichhaporia (pratikichhaporia@eurofinsus.com,+1-669-837-2257) or David Hong (David.Hong@cpt.eurofinscn.com).