Dulux recalls toy dogs after complaint to Commerce Commission
14 March 2012
The Dulux Group is voluntarily recalling more than 100,000 promotional toy dogs in New Zealand and Australia that may not comply with the New Zealand Product Safety Standards (Toys) Regulations 2005 (the Regulations) for children's toys.
The toy dog was given to consumers as a gift in the 'Jelly Beans and me' promotion which offered consumers a Dulux toy dog and a kilogram of jelly beans with any purchase of either a 10 litre pail or two four litre cans of premium paint. The dogs were provided nationwide, through paint and hardware retailers, between 15 February and 9 March 2012.
Following an investigation by the Commerce Commission, it was established that the toy might pose a choking hazard to young children as some of the toy's fur can come away when pulled, sucked or chewed. Concern about the product arose when the Commerce Commission received a complaint about the fur of the dog coming loose and ending up in the mouth of a small child. The child was not injured.
Martin Rushton, Principal Advisor at the Ministry of Consumer Affairs said anyone who had one of the products should return it as soon as possible to Dulux and make sure it is kept away from small children.
"I'd strongly advise anyone who has one of these toy dogs should put it out of reach of children and call the hotline 0800 672 468," Mr Rushton said.
"Before the promotion Dulux acted responsibly by making sure that the toy dog complied with the relevant Australian and New Zealand Standard for the safety of toys," said Greg Allan, Manager, Competition, Commerce Commission. "But the Regulations are more stringent than the Standards and require that the fur of this type of toy be tested for compliance."
"Tests showed that the fur that came loose from the toy might contravene the Regulations, and, in turn the Fair Trading Act," Mr Allan said.
"Because Dulux has been cooperative and responsive in stopping the promotion and recalling the dogs, we will not be prosecuting and will consider only low level enforcement action," Mr Allan said.
It is mandatory under the Product Safety Standards (Toys) Regulations 2005 for toys intended for use by children up to the age of 36 months, which are supplied in New Zealand, to comply with specific parts of the Standard AS/NZS ISO 8124.1:2002 Safety of toys - Part 1: Safety aspects related to mechanical and physical properties. The Standards are modified by the Regulations. It is illegal to supply a toy that does not comply with the Regulations.
For more information see the Product Safety Standard on the Commission's website: