Are Sex Toys Regulated? A Plain-English Guide to Materials and the Law
By Maya Laurent (staff professional name) · Last updated October 26, 2026 · Medical review: pending · Editorial Policy
Short answer: in the US and Canada, no law sets a material or labelling standard written for sex toys. The phthalate limits both countries have apply to children's toys and child care articles. A 2023 lab study led by Duke University researchers tested four sex toys and found phthalates in all four, including one sold as "phthalate-free." Choosing non-porous, clearly labelled materials from brands that name their materials is the most practical step a shopper can take.
Key facts
- US: the Consumer Product Safety Commission (CPSC) has not set labelling or material standards for sex toys, per the 2023 study authors.
- "For novelty use only": the study authors say makers use this label to stay outside FDA medical-device rules, and that it "has little legal meaning."
- Phthalate limits exist, but for kids' products: US federal rules (16 CFR 1307) and Canada's Phthalates Regulations (SOR/2016-188) cap certain phthalates at 0.1% (1,000 mg/kg) in children's toys and child care articles. Adult products are outside both.
- Canada: sections 7 and 8 of the Canada Consumer Product Safety Act bar manufacturers, importers and sellers from supplying consumer products that are a danger to human health or safety. There is no material standard specific to sex toys.
- EU: REACH restricts several phthalates classified as toxic to reproduction, per the study authors.
What the 2023 Duke study found
- Who: Sipe, Amos, Swarthout, Turner, Wiesner and Hendren (Duke University and Appalachian State University).
- Where: Microplastics and Nanoplastics, vol. 3, article 6, published March 23, 2023. Open access.
- What they tested: four toys: an anal toy (PET plastic), anal beads (PVC), an external vibrator (silicone blend) and a dual vibrator (rubber mixture, polyisoprene).
- Phthalates: found in all four, at levels the authors say exceed hazard warnings. The external vibrator had seven different phthalates at low levels. The beads and dual vibrator contained DnOP above the 0.1% weight limit used for children's toys.
- Labels: one toy was advertised as "phthalate-free." Lab testing showed it was not.
- Wear testing: a standard abrasion machine made all four shed micro- and nanoplastic particles. The PET anal toy shed the most, the external vibrator the least.
What the study does not show
- Small sample: four products. The authors say the data "is not intended to be representative of sex toys as an entire class of products."
- Not real-use conditions: the abrasion test was not designed to match real use, and the breakdown rate may be higher than in actual use.
- No proven health harm: the study measured what is in and shed from the toys. It did not measure how much the body absorbs, and the authors call for that research.
- No pure-silicone result: the "silicone" toy tested was a blend. The study does not test 100% silicone, glass or steel.
Sex toy materials at a glance
| Material | Porous? | Can contain phthalates? | What to look for on the label |
|---|---|---|---|
| 100% / platinum-cured silicone | No | Not used as a softener in pure silicone | "100% silicone"; avoid "silicone blend" |
| Borosilicate glass | No | No | "Borosilicate"; check for chips |
| Stainless steel / aluminium | No | No | Named metal grade if given |
| ABS (hard plastic) | No | Not typical | Hard shell, named as ABS |
| TPE / TPR | Yes | Usually made without; check | Material named; "phthalate-free" (labels can be wrong) |
| PVC / "jelly" | Yes | Yes, commonly used as softeners | Avoid unless labelled; treat claims with care |
| Silicone "blend" | Varies | Possible | Ask the brand for the full material list |
"Body-safe" and "phthalate-free" are marketing terms, not certified standards in the US or Canada. For care, cleaning and lube pairing by material, see our guide to body-safe sex toy materials.
How to shop with no standard in place
- Look for the exact material, e.g. "100% silicone" or "borosilicate glass," not "silicone-like" or "jelly."
- Prefer non-porous materials for toys you plan to keep.
- Treat "phthalate-free" as a claim, not a test result. Brands that publish material sheets or third-party test results give you more to go on.
- Replace toys that crack, get sticky or change texture. Wear is where the study saw particles shed.
- Use a condom on porous toys if you share them or can't clean them fully.
- Health questions go to a clinician. This page is general information, not medical advice.
FAQ
Are sex toys regulated in the US?
Not by a material or labelling standard written for them. The CPSC has not set one, and "novelty use" labels keep most toys outside FDA device rules, per the 2023 study authors.
Are sex toys regulated in Canada?
The general safety ban in the Canada Consumer Product Safety Act applies to all consumer products, but there is no material standard specific to sex toys. Canada's phthalate limits cover children's toys and child care articles.
Does "phthalate-free" guarantee a toy has no phthalates?
No. In the 2023 Duke study, one toy labelled phthalate-free contained phthalates.
Is silicone safe?
100% silicone is non-porous and easy to clean, which is why it's widely recommended. The 2023 study tested a silicone blend, not pure silicone, so it does not answer this directly.
How we made this page
We read the 2023 study and the US and Canadian regulations directly (links below). We did not run lab tests. Figures come only from those sources. We review this page every 6 months, or sooner if a new law, standard or peer-reviewed study appears.
Sources
- Sipe JM, Amos JD, Swarthout RF, Turner A, Wiesner MR, Hendren CO. "Bringing sex toys out of the dark: exploring unmitigated risks." Microplastics and Nanoplastics 3, 6 (2023). doi.org/10.1186/s43591-023-00054-6
- US: 16 CFR 1307, children's toys and child care articles containing specified phthalates. law.cornell.edu
- Canada: Phthalates Regulations, SOR/2016-188. laws-lois.justice.gc.ca
- Canada: Canada Consumer Product Safety Act, S.C. 2010, c. 21, ss. 7-8. laws-lois.justice.gc.ca
Disclosures
We're a retailer: myluxurytoys sells sex toys, including some of the materials above. We don't name or link products on this page.
AI use: drafted with AI assistance, then checked against the sources above by our team. Medical review is pending. See our Editorial Policy.
More guides and research: the My Luxury Toys Learn hub.