The Commerce Commission will be filing criminal charges against The Warehouse Limited (The Warehouse) for supplying and selling "Roo Crew Take-Apart Vehicle Toys," which the Commission believes present a safety risk for young children.
Commerce Commission Principal Compliance Adviser Grant McIntosh says the Commission is concerned about the risk these toys could pose to small children and urges anyone who may have bought these toys to return them.
"Businesses must ensure that the products they supply comply with legal requirements and are safe for the intended user - particularly toys for small children where the consequences of unsafe toys can be dire," Mr McIntosh says.
Toys that are designed, manufactured, labelled, or marketed for use by children under three years old must comply with the product safety standard under the Fair Trading Act. This means they cannot have small parts or small parts that could come off during play as this presents a choking hazard for young children.
The Commission's view is that these toys were for use by children under three and so must comply with the standard.
"Businesses cannot avoid their responsibility under the Fair Trading Act by simply labelling toys for children over three if the toy is designed or marketed for use by younger children," Mr McIntosh says.
The Warehouse has issued a voluntary recall for the product, and the Commission strongly encourages any consumers who have any of the "Roo Crew Take-Apart Vehicle Toys" to return them to The Warehouse for a full refund.
"We urge all parents who may have these toys to return them – the dollar value of the toy might be small, but the risk of harm to young children is not worth taking," Mr McIntosh says.
The Commission will shortly be filing charges in the District Court in relation to the "Roo Crew Take-Apart Vehicle Toys", and so is unable to provide further information at this time.
Background
Product Recall ROO CREW Take Apart Vehicle - January 2024 (thewarehouse.co.nz)
