California’s New Approach to Gender-Neutral Toys

By Xinyi Catherine Wu

Abstract

Effective January 2024, California implemented a pioneering law mandating toy retailers to have a gender-neutral toy section. Public reactions vary, with many critics viewing it as a performative act. While this law is intended to address gender stereotypes, especially in the toy market, public concern arises about its efficacy.

Background

From January 2024, a new law is effective in California, that stems from a 2021 bill, requiring toy retailers with “a total of 500 or more employees and a physical location in the state that sells childcare items or toys to maintain a gender-neutral section or area, to be labeled at the discretion of the retailer” (Assembly Bill No. 1084, 2021). The bill also imposes civil penalties, not exceeding $250 for a first violation or $500 for a subsequent violation.

Public Reaction

Current public responses are mixed, with many perceiving the law as performative. This law does not ask the retail store to rearrange or change its layout for the toy section, but only needs to have a noticeable label for the gender-neutral toy aisle. From this perspective, the law does not solve any issues around the gendered stereotypes that currently are revealed on the toys.

Many Reddit users criticize the law, expressing similar viewpoints like lawmakers are making the most unimportant laws ever instead of focusing on actual laws that would really matter. Reddit user @LokTarBrogar says “...this feels like government overreach. At best this feels like a political stunt. This isn't something we need to be making laws over” and @canastrophee contributes to a similar perspective on “..it's cool but I don't think it's something that needed to be legislated”.

Former California state Sen. Melissa Melendez expressed astonishment, stating that the author of the law does not understand the distress parents face when scrambling to find that toy for their children (Penley, 2023). Greg Burt of the California Family Research Council, a conservative public policy NGO, also believes that this law violates the First Amendment, referring to it as “a government-compelled speech”, noting that the advertising messages might offend certain groups, such as those with beliefs similar to Muslim Namus, where genders are traditionally segregated (Penley, 2023). Consequently, this law could potentially impact certain minorities including Muslim-owned businesses.

Policy Interpretation

Gender neutrality is no longer a niche topic, we can see the awareness of gender-neutral toilets prevalent nationwide. Traditional toy categorizations into “boy toys” (e.g., car models, dinosaurs) and “girl toys” (e.g., Barbies, plushies) perpetuate a clear gender binary, fostering stereotypical associations detrimental to children's development (White, 2022). In contrast, gender-neutral toys, designed for open-ended play (KidPowered, 2020), empower children to explore without predefined roles. These gender-neutral toys do not come with clear instructions on how to play with them, but they give children the initiative to learn how to play and all kids can explore anything that they are interested in.

It is evident that toys can influence kids' perception of gender roles and stereotypes, as indicated by many academic studies. In the late 20th century, researchers conducted experimental studies using novel toys and found that at an age when children have achieved gender identity, they pay more attention to and remember more information relevant to toys they believe are appropriate for their own gender group than for toys they believe to be for the other sex (Bradbard et al., 1986)). Martin and Ruble (2004) also confirm that young children search for cues about gender through toys; children have better memory for, perform better with, and have greater expectations of success with toys and activities they think are for their own sex. More recently, Şalgam (2015) conducted ethnographic field research and found that certain toys do contain gender and sexuality messages, such as unrealistic body images and highly fetishized beauty standards. Similarly, researchers have confirmed that gender differences in children’s toy interests and play behaviors are large and may lead to gender differentiation in physical, cognitive, and social development among children (Dinella & Weisgram, 2018). These studies consistently demonstrate the significant influence of toys on children's perception of gender roles and stereotypes, affecting various aspects of their development.

According to a survey conducted in the United States in December 2022, 61 percent of parents of children aged three to five years said they were likely to buy gender-neutral toys for their children during the holiday season (Tighe, 2024). From this perspective, separating a gender-neutral toys aisle could better help parents to choose toys for their children, without going around all the toy sections to pick for them. Researchers Blakemore and Centers (2005) also have concluded that neutral or moderately gender-typed toys foster optimal development. While gender-typed toys can be a wonderful opportunity for gender exploration and are an essential part of the development process for all children, gender-neutral toys tend to utilize more types of cognitive, academic, spatial, physical, musical, and artistic skills (Minor, 2021). From an economic perspective, this law presents opportunities for toy manufacturers to focus on gender-neutral products, potentially expanding market offerings and thus diversing the toy market.

Similar issue

In the UK, the “Let Toys Be Toys” campaign was created to ask the toy and publishing industries to stop limiting children’s interests by promoting some toys and books as only suitable for girls, and others only for boys. The campaign has been successful in persuading most major UK toy retailers to drop ‘girls’ and ‘boys’ signs in stores (Let Toys Be Toys, n.d.). Uruguay’s Mosca takes a similar approach, labeling all toys gender-neutral with stickers on Children‘s Day, disregarding traditional target demographics (Toom, 2023).

Policy Recommendation

Aged-based toy grouping

An alternative to controversial gender-neutral aisles is advocating for age-based toy grouping. This suggests restructuring store layouts and organizing toys based on age categories like “Infants,” “Toddlers,” and “Preschoolers” rather than traditional gender types. Emphasizing developmental benefits within each age range also benefits parents by convenient and encouraging informed choices. Additionally, by highlighting the developmental benefits of the toys for children within that age range, children might benefit from age-appropriate toys that help them develop hands-on skills and problem-solving abilities. A diverse age range of toys, races, ethnicities, careers, and STEM-related themes, ensures inclusivity and promotes a variety of options free from gender stereotypes.

Awareness Educational Campaign

Many retailers may not be fully aware of the benefits of gender-neutral toys or the reasons behind the California law, and small toy businesses may face challenges in implementing gender-neutral sections. Firstly, organizing workshops for toy retailers and parenting communities to discuss the advantages of gender-neutral toys could be helpful in finding peaceful solutions for both parties. Secondly, launching the offline campaign while disseminating online resources such as video tutorials on how to choose toys for your children, and informational guides can bridge this gap in understanding and facilitate better implementation of the law. By combining these strategies into the campaign, policymakers can create a comprehensive approach to building awareness and fostering a more supportive environment for an inclusive environment. At the same time, the government could provide monetary incentives to small and local toy retailers, such as tax breaks to help them comply with the law without imposing a significant financial burden.

Conclusion

While California’s new law progresses against gender stereotypes in the toy market, a comprehensive approach could involve age-based toy grouping. Organizing products by developmental stages, rather than gender norms, ensures inclusive access to varied toys. Advocating for diversity within age groups can better promote creativity and address broader developmental needs for all children.

References

About Us. Let Toys Be Toys. (n.d.). https://www.lettoysbetoys.org.uk/about/

A.B.1084, Low. Gender neutral retail departments (2021, September 10). https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1084

Blakemore, J. E. O., & Centers, R. E. (2005). Characteristics of boys’ and girls’ toys. Sex Roles, 53(9–10), 619–633. https://doi.org/10.1007/s11199-005-7729-0

Bradbard, M. R., Martin, C. L., Endsley, R. C., & Halverson, C. F. (1986). Influence of sex stereotypes on children’s exploration and memory: A competence versus performance distinction. Developmental Psychology, 22(4), 481–486. https://doi.org/10.1037//0012-1649.22.4.481

Dinella, L. M., & Weisgram, E. S. (2018). Gender-typing of children’s toys: Causes, consequences, and correlates. Sex Roles, 79(5–6), 253–259. https://doi.org/10.1007/s11199-018-0943-3 

KidPowered.com. (2020, September 18). The advantages of gender-neutral toys. KidPowered. https://kidpowered.com/blogs/educational-toys/the-advantages-of-gender-neutral-toys#:~:text=These%20toys%20are%20specifically%20designed,to%20experiment%20and%20make%20mistakes.

Martin, C. L., & Ruble, D. (2004). Children’s Search for Gender Cues: Cognitive Perspectives on Gender Development. Current Directions in Psychological Science, 13(2), 67–70. https://doi.org/10.1111/j.0963-7214.2004.00276.x 

Minor, R. (2021, December 6). Should I buy gender neutral gifts? - Rebecca Minor: Gender Specialist. Rebecca Minor | Gender Specialist. https://www.genderspecialist.com/blog/should-i-buy-gender-neutral-gifts#:~:text=Researchers%20have%20concluded%20that%20neutral,%2C%20musical%2C%20and%20artistic%20skills.

Mossburg, C. (2024, January 1). Gender-neutral toy aisles are now law in California. CNN. https://www.cnn.com/2024/01/01/us/gender-neutral-toy-aisles-are-now-law-in-california/index.html

Penley, T., & Fox News. (2023, December 28). California Republican blasts state law requiring stores to have gender-neutral toy sections: “beyond absurd.” Fox News. https://www.foxnews.com/media/california-republican-blasts-state-law-requiring-stores-gender-neutral-toy-sections-absurd

Şalgam, D. (2015). The Roles of Toys in Gender and Sexual Identity Construction in Early Childhood. 10.13140/RG.2.1.1897.0084. 

Sosin, K. (2021, December 17). Gender-neutral toys can be hard to find. for some trans kids and parents, they are critical. The 19th. https://19thnews.org/2021/12/gender-neutral-toys-trans-kids/

Tighe, D. (2024, January 12). U.S. adults likely to purchase Gender Neutral Toys Holiday season 2022. Statista. https://www.statista.com/statistics/1353517
/us-adults-buying-gender-neutral-toys/#:~:text=According%20to%20a%20survey%20conducted,children%20during%20the%20holiday%20season.

Toom, L. D. (2023, July 11). On Children’s Day, Uruguay retailer labels all toys gender-neutral. TrendWatching. https://www.trendwatching.com/innovation-of-the-day
/on-childrens-day-uruguay-retailer-labels-all-toys-gender-neutral

White, G. (2022, March 2). The case against Gendered Toys: Stereotypes, narrowed development and curbed creativity. The National. https://www.thenationalnews.com/lifestyle/family
/2022/03/01/the-case-against-gendered-toys-stereotypes-narrowed-development-and-curbed-creativity/#:~:text=%E2%80%9CGendered%20toys%20adhere%20to%20a,girls%2C%E2%80%9D%20says%20Dr%20Golley.