As Kiwis hit the shops to pick up last-minute stocking fillers, the Commerce Commission is urging Christmas shoppers to be vigilant about toy safety.
Commerce Commission's General Manager of Fair Trading, Vanessa Horne, says businesses supplying toys for children aged 3 or under are ultimately responsible for making sure they are safe and comply with applicable laws. However, shoppers can also keep a look out for products with small parts, batteries that are easily accessible by children, and small high-powered magnets – all which could pose serious health and safety risks.
Earlier this month, the Commission filed charges against two businesses – NZME Advisory Limited (which previously owned online-retailer GrabOne.co.nz) and PKD Group Limited (previously trading as Bits'n'Bytes), which supplied magnetic puzzle toys commonly known as buckyballs.
The Commission alleges that the companies supplied the magnetic toys when they were subject to an unsafe goods notice which prohibited the sale of small high-powered magnets that are sold in sets of two or more because of the safety risk they present.
"We took this case because unsafe goods notices are issued to prevent the sale of products that could cause serious harm to New Zealanders – no matter what their age," Ms Horne says.
"In this case, if more than one small magnet is swallowed, there is a chance surgery will be required to remove them. Swallowing similar magnets is known overseas to lead to serious, life-long health complications, or fatality."
The Commission is also encouraging consumers to check the size and durability of toys for children aged three or under and that battery compartments are not easily accessed by young children.
"Toys for children three or under must not be small enough to swallow and they must not have parts that could be removed and swallowed. They also need to be robust enough to take the knocks they get when children play with them so that small pieces do not break off and create a choking hazard.
"If parents or caregivers are concerned that a toy doesn't comply, they should stop the child playing with it immediately, return the toy to the seller and inform the Commerce Commission via our website. We assess every complaint that comes through, and product safety is a priority for us."
The Commission is responsible for promoting compliance and enforcement in relation to seven product safety standards and eight unsafe goods notices.
Since 2017, the Commission has prosecuted 30 businesses, as well as issued warnings to 32 businesses, relating to the supply of 159 different non-compliant products. Of the 159 products, 94 are toys, and the majority of these enforcement outcomes are the result of the Commission's inspection work.
Consumers can make a complaint to the Commerce Commission via its website here. There is also more information about toy safety here. As the Commission's case against NZME Advisory Limited and PKD Group Limited is before the Courts, the Commission cannot comment further.
Background
NZME Advisory Limited
NZME Advisory Limited was founded in 2014 and is a publicly listed group of broadcasting and media companies which owns and operates over 50 of New Zealand's media brands.
Prior to October 2021, the Group owned and operated www.GrabOne.co.nz – which marketed itself as having one of the largest "daily deals" websites, and among the largest ecommerce websites, in New Zealand.
PKD Group Limited
PKD Group Limited, previously trading as "Bit 'N' Bytes", imported and supplied children's toys, pet toys and accessories from its website www.bitsnbytes.co.nz, Trade Me account ("bitsnbytes") and Facebook account named ("Bites 'n' Bytes").
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, and including, 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.
Image example of a toy which has previously breached the product safety standard. During testing, various small parts became separated representing a choking hazard to young children.
Unsafe Goods Notices
The Minister of Commerce and Consumer Affairs may declare any goods (or class of goods) to be unsafe if it appears to the Minister that:
- the goods will or may cause injury to any person
- a reasonably foreseeable use (including misuse) of the goods will or may cause injury to any person.
There is more information on the Commission's website about the product safety standards and unsafe goods notices here.
Relevant cases
- Toy wholesaler fined for train with choking risk for young children
- Companies in hot water for selling unsafe hot water bottles and toys
