A
train set supplied in breach of the Product Safety
Standard for children’s toys was found through the
Commerce Commission’s programme of retail inspections
resulting in a $55,250 fine for New Zealand wholesale
distribution business, 1st Mart Limited.
When tested
by the Commission, small
parts of the toy came free presenting a choking or
suffocation risk. The batteries in the toy also became
accessible, posing a further risk of serious injury or
fatality if swallowed.
144 units of the non-compliant
toy, were imported to New Zealand in 2018 and supplied to
around 30 retailers across New Zealand between August 2018
and February 2021.
General Manager Fair Trading
Vanessa Horne says, “Our routine inspection programme and
the prosecution of these cases continues to be a priority
for the Commission because they are about the safety of
young children.
“It’s really important that toy
suppliers to the New Zealand market understand and meet
their legal obligations so that New Zealand children are not
at risk of serious harm, as we saw in this
case.”
Retailers must ensure that toys they are
selling meet the requirements of the Standard before they
are sold. The Commission recommends asking suppliers to
provide certification which confirms this but also stresses
that retailers ultimately need to make sure that the toys
that they sell comply with the law.
Despite being
labelled for children over the age of three, it was clear
the toy was designed for use by children 36 months and under
due to its size and weight, bright and vibrant colours, and
its similarity with the ‘Thomas the Tank Engine’ brand
which is marketed to children under three. The Commission
understands the toy was not an official, licensed Thomas the
Tank Engine branded product.
This is the second time
that 1st Mart has been fined for breaching the Product
Safety Standard for children’s toys. In 2019, it
was fined $45,000 for supplying an unsafe pig toy that
resembled the ‘Peppa Pig’ brand of toys. 1st Mart’s
prior conviction led to the Court increasing the starting
point for the fine in this case by 10%.
In sentencing
in the Manukau District Court on 5 July 2022, Judge
Wharepouri said there is little doubt that the defendant was
aware of the standards that needed to be complied with, the
importance of meeting those standards and the importance of
not supplying to vulnerable children in the marketplace toys
which failed to meet one or other of the relevant safety
standards.
Judge Wharepouri also said in his view the
gravity of the present offending can only be assessed at the
reasonably high level as high carelessness bordering on
recklessness.
The Commission’s toy safety
investigations often result from its unannounced visits to
retailers, which since 2017 have included visits in
Auckland, Wellington, Tauranga, Rotorua, Gisborne, Hawke’s
Bay, Canterbury, Nelson, Marlborough, Manawatu and
Whanganui.
As well as a reminder for businesses to
check the product safety standards, the Commission
encourages consumers to check toys are appropriate for
children aged three years and under and be aware of the
risks that toys can present if small parts are easily
removed from them or broken
off.
Background
In response to the
Commission’s investigation, 1st Mart initiated a recall
notice via Trading Standards and contacted all retailers
advising them to stop selling the toy and post the recall
notice in the shop. The retail shops had sold all units
supplied and no units of the toy were successfully
recalled.
Product Safety
Standards
Regulations set safety standards that
suppliers of goods must comply with. The regulations set out
what type of goods are covered, what standard/s or parts of
standard/s apply to New Zealand and any variations to those
standard/s. Failure to comply with product safety standards
set by regulations breaches the Fair Trading Act.
The
mandatory standard for toys covers toys intended for use
by children up to 36 months of age. It aims to reduce the
risk of injury or death to young children by ensuring that
toys intended for their use are not so small, or do not have
parts so small, that they could be swallowed or ingested
causing choking.
Testing of such products includes
tension, torque (twist), and drop testing, and it is
designed to simulate normal use and reasonably foreseeable
abuse of toys by young children.
Toy safety
videos
The Commission has released a set of videos
designed to help businesses, all of which can be found on
the Children’s toys page of the Commission website, along
with further guidance for businesses:
Relevant
cases
Since 2017, we have visited over 430
retailers across eleven of New Zealand’s regions, and
prosecuted 29 businesses as well as issued warnings to 61
businesses relating to the supply of 151 different unsafe
products. Of the 151 unsafe products over 70 are toys, and
the majority of these enforcement outcomes, are the result
of the Commission’s inspection
work.
