A Wellington toy shop, Hocus Pocus Toys, has admitted selling a dangerous toy.

The Commerce Commission said the Child Friend Wooden Bead threading toy did not meet the toy safety standard.

Commission Fair Trading Manager Keith Manch said the safety standard applies to toys for children under three years old because up to that age children do not have a properly developed coughing reflex. If they swallow or inhale an object which sticks in their throat, they do not cough and must be helped or they can choke to death.

The toy was labelled as suitable for children aged from one-and-a-half years old but parts were too small to meet the safety standard.

In a settlement with the Commission, Hocus Pocus has:

  • admitted it sold a toy which did not comply with the safety standard
  • agreed to publicity
  • begun to implement a compliance programme ensuring that all staff who buy, market or sell toys understand the safety standard and the Fair Trading Act
  • agreed to report on the results of its compliance programme.

Mr Manch said the settlement highlights the Commission's concern that many businesses have poor knowledge of safety standards and consumer information standards.

An important issue which many people are not aware of is that simply labelling toys as unsuitable for children aged under three is not enough to meet the safety standard. The Commission will not take account of labels which incorrectly state the age the toys are suitable for.

"If anything, such a deliberate attempt to by-pass the safety standard makes the breach worse," Mr Manch said. "The standard is not about labelling, it is about safety for young children."

The Commission is investigating other businesses for selling allegedly unsafe toys. A recent prosecution cost a chain store $10,555 in fines and costs and a family restaurant entered a settlement with the Commission after giving away unsafe toys.

Mr Manch said the Commission is making considerable effort to educate businesses about the standards and today in Wellington began a series of seminars explaining the standards and including practical workshops on applying them to day-to-day business. Other seminars will be held in Auckland and Christchurch.

Commission investigators have also been visiting towns where it does not have offices to talk to shop owners and managers to gauge their knowledge of the law and to help them in any areas where they are not sure of their rights and obligations. These visits also include seminars at Chambers of Commerce, Rotary Clubs, Citizens Advice Bureaux and Link Centres.

Media contact:Rachel Leamy, Chief Investigator

phone work (04) 471 0180

Vincent Cholewa, Communications Officer

phone work (04) 471 0180, home (04) 479 1432