As part of a settlement with the Commerce Commission, Easter eggs manufacturerd by Waikato Valley Chocolates exclusively for The Warehouse have been recalled.

Commission Fair Trading Manager Rachel Leamy said that the Commission has no concerns with the eggs themselves, but toys in the box do not meet the product safety standard for toys.

The toys are Barney the dinosaur rubber stamps. They are too small to comply with the product safety standard.

"Both Waikato Valley and The Warehouse have been fully co-operative and have responded immediately to the Commission's concerns," Ms Leamy said.

All stocks of the eggs have been withdrawn, the toys are being removed and the eggs will be sold at a reduced price with a sticker on their boxes stating that the toys are no longer included.

Anyone who has already bought the eggs can take them back to the store where they bought them and will be given a choice of refunds. People may keep the egg and return the toys, and receive a $2 refund. Alternatively they can return the egg and the toys for a full refund of $6.99.

The refund offer will be advertised in newspapers on at least two days before Easter.

The toy safety standard applies to toys for childen aged up to three. Toys, or parts that can be removed or break off, must be bigger than a special measuring cylinder. The cylinder is about the size of a 35mm film canister.

The standard applies to toys for young children because they do not have a properly developed coughing reflex when they choke. If they swallow or inhale an object that sticks in their throat they do not cough and must be helped or they can choke to death.

In this case, the Easter eggs were labelled "NOT suitable for children under the age of 5". However, in the Commission's view, based on a child psychologist's report, using Barney the dinosaur to market the eggs would make them suitable for children under three years old.

"This is an important point about the toys safety standard," Ms Leamy said. "It is not about labelling. It is about the safety of toys suitable or marketed for children up to three."

Media contact: Fair Trading Manager Rachel Leamy

Phone work (04) 498 0908

Communications Officer Vincent Cholewa

Phone work (04) 498 0920

Commission media releases can be viewed on its web site www.comcom.govt.nz