The Commerce Commission is filing charges against The Warehouse for supplying and selling a toy which it believes presents a safety risk for young children.
The Roo Crew Take-Apart Vehicle was sold at The Warehouse between March 2021 and May 2023.
Principal compliance adviser Grant McIntosh said the Commission was concerned about the risk these toys could pose to small children and urges anyone who may have bought these toys to return them.
“Businesses must ensure that the products they supply comply with legal requirements and are safe for the intended user – particularly toys for small children where the consequences of unsafe toys can be dire.”
Toys designed, manufactured, labelled or marketed for use by children under three must comply with the product safety standard under the Fair Trading Act.
This means they cannot have small parts that could come off during play as it presents a choking hazard for young children.
McIntosh said it was the Commission’s view the product was for use by children under three.
“Businesses cannot avoid their responsibility under the Fair Trading Act by simply labelling toys for children over three if the toy is designed or marketed for use by younger children.
“We urge all parents who may have these toys to return them – the dollar value of the toy might be small, but the risk of harm to young children is not worth taking.”
The Warehouse executive general manager of merchandising Tania Benyon said the company was “disappointed” by the decision to commence legal proceedings.
“Especially given our full cooperation since they raised this matter with us in 2023 and the fact that we immediately removed the item from sale as soon issues were raised,” she added.
“The Roo Crew Take Apart Vehicle, while compliant with all safety standards and clearly labelled and marketed for ages three and over, is no longer sold in our stores as a sign of how seriously we take product safety.
“We will be taking advice on next steps and considering our legal options.”