As recently reported by the German news magazine „Focus“, the German customs authorities at the Frankfurt airport confiscated 35 tons of fidget spinners this past month, alone.
Fidget spinners are the toy hype of this summer and take the center stage on all school playgrounds. Some of these handheld spintops are also available with electric lighting. Based on numerous inquiries by our members and customers, take-e-way and their lawyer - Dr. Holger Jacobj from the law firm Versteyl Rechtsanwälte - clarified whether these toys are to be considered electronic and electrical equipment according to the ElektroG.
Dr. Jacobj concluded that fidget spinners indeed fall under the ElektroG’s scope of application, if these depend on electricity or electromagnetic fields for their proper functionality (§3 Nr. 1a, ElektroG).
Currently, many retailers wrongly assume that the blinking fidget spinners are not to be considered electrical and electronic devices, due to the blinking simply serving as a minor secondary function. This argumentation is considered to be invalid by Dr. Jacobj, because the law does not differentiate between primary and secondary functions, but bases the applicability on proper functionality. The fidget spinner might be fully functioning without any electrical lighting, but if the spinner is offered specifically with the blinking light function, the buyer will certainly demand this function and submit a claim in case it is somehow faulty.
With regard to the applicable device type category, we see “5.7.1 Toys for use in private households” as the only option for registration of these devices.
As always, take-e-way would be pleased to handle the EAR registration of these blinking fidget spinners on your behalf. For further information please refer to our consulting team via +4940750687111 or firstname.lastname@example.org.
About the VERE Association
- Founded in 2003 in Hamburg
- Currently 3,800 members
- Board: Jochen Stepp, Oliver Friedrichs
The VERE Association for the take-back and recycling of waste electrical and electronic equipment (VERE e.V. registered association) represents the interests of more than 3,800 companies even at political level, being the organization of suppliers, manufacturers, trade associations and individual persons for implementation of the ElektroG in Germany having the largest number of members.
Business Fields: By “take-e-way” the VERE Association assumes the implementation of requirements and obligations in conformity with the law according to the Electrical and Electronic Equipment Act (ElektroG/WEEE), Battery Act (BattG) and Packaging Ordinance (VerpackV) for medium-sized companies in Germany and abroad. By “get-e-right” VERE offers comprehensive services for the WEEE authorized representative.
VERE Association for the take-back and recycling of waste electrical and electronic equipment (VERE e.V. registered association)
Schlossstr. 8 d-e