Media Releases

NZSALE pleads guilty to charges for its children’s nightwear labelling

28 May 2018

Online retailer NZ Sale Limited has pleaded guilty to four charges laid by the Commerce Commission for failing to comply with the product safety standard for children’s nightwear.

Under the Fair Trading Act all children’s nightwear (and limited daywear) must be made of fabric that is less likely to burn and must have a fire hazard information label to reduce the risk of children being injured if their nightwear catches fire.  

The charges laid in North Shore District Court against NZ Sale relate to three types of pyjamas and a sleep sack which were publicly recalled in New Zealand in December 2015. These products did not meet the necessary product safety requirements for nightwear because the material was too flammable to be used, did not carry the right fire hazard label, or had no fire hazard labelling at all.

These four items are: 

  • Ruffle Butts & Rugged Butts, orange Superhero Fitted Pyjamas
  • Nohi, Sleep Sack Pink Stripe Owl                                                   
  • Joules Junior Sleepwear Set
  • Absorba, Boys Bodysuit in Grey. 

The Commission’s investigation into NZ Sale was sparked by a product recall in Australia of the same products, following an investigation by the Australian Competition and Consumer Commission (ACCC). In New Zealand 73 units were sold – eight garments were returned as a result of the recall and 15 garments were confirmed as destroyed by consumers.  

As this matter is now before the Court, the Commission is unable to comment further at this time. Sentencing has been set down for 25 September at 2.15pm.

Background

NZ Sale sells a range of products online through the website www.nzsale.co.nz and at 12 retail stores throughout New Zealand. NZ Sale gets stock from suppliers in New Zealand, Australia, the United States and the United Kingdom. All the nightwear was sold online through www.nzsale.co.nz

Photographs and further details of the nightwear affected appear on the Product Recalls website: https://www.recalls.govt.nz/recall/nzsale-and-buyinvite-childrens-nightwear.