The Warehouse fined $234,000 following action over potentially dangerous toy
The Warehouse Ltd has been ordered by the District Court to pay a $234,000 fine for selling a toy that failed several small part safety tests and presented a potential risk to young children.
Head of Fair Trading and Product Safety Investigations Simon Pope says the “Roo Crew Take-Apart Vehicle Toys” contained multiple small parts that the Commission argued presented a choking risk to children under 36 months.
“Multiple parts came off each variation of the toy, and they failed small parts testing,” Mr Pope says.
“While the toys did carry some warnings, they were labelled and marketed for use by children aged 36 months or under. Our investigation also found the toys were displayed in an aisle with other toys suitable for children aged five and under.”
Toys that are designed, manufactured, labelled, or marketed for use by children under the age of three must comply with the product safety standard under the Fair Trading Act.
This means they cannot have small parts or parts that could come off during play, due to the choking hazard this presents. The Commission formed the view that the Roo Crew Toy was for use by children under three and therefore needed to comply with the standard.
“We take our role in enforcing the standard seriously, and will act where we see non-compliance, which can have dire consequences,” Mr Pope says.
“Businesses should take steps to ensure the products they supply comply with legal requirements. Any labelling applied to the toy needs to align with the age appropriateness of the toy.”
The Warehouse previously issued a voluntary recall notice for the toy. The Commission continues to encourage anyone who still has one of the products to return them for a full refund.
Background
Children's toys must not contain small parts, or parts that can break off easily and present a choking hazard, or be of a shape and size that risks blocking a child's airway if they place it in their mouth. In addition, the battery compartment of toys must not be easily accessible to prevent children injuring themselves by swallowing a battery.
These rules apply to toys manufactured, designed, labelled or marketed for use by children up to and including 36 months of age.