Repeat offender fined $55,000 for delivering a trainset with a choking hazard

A toy wholesaler has been fined more than $55,000 for selling a trainset that could pose a choking hazard to small children.

First Mart Limited imported 144 railcars in 2018 and delivered them to approximately 30 retailers across the country between August 2018 and February 2021.

In testing by the Commerce Commission, small parts of the toy were released, posing a choking or choking risk. The batteries also became accessible, at greater risk of serious injury or death if swallowed.

The fine is First Mart’s second fine for violating the product safety standard for children’s toys. in 2019, it was fined $45,000 for providing an unsafe pig toy that resembled the Peppa Pig toy brand.

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The previous conviction has resulted in the court increasing the fine basis in this case by 10%.

At the Manukau District Court sentencing on Monday, Judge Mina Wharepouri said there was no doubt that First Mart was aware of the standards to be met and the importance of not providing toys that did not meet those standards.

Judge Wharepouri said the seriousness of the crime can only be assessed as “high carelessness bordering on recklessness”.

Despite the label for children over the age of three, the Commerce Commission said it was clear the trainset was designed for use by younger children due to its size and weight, bright and vibrant colors and resemblance to the Thomas the Tank Engine brand. sold to children under the age of three.

Despite the similarity, the committee understood that the trainset was not an official, licensed Thomas the Tank Engine product.

Investigations into toy safety are often the result of unannounced committee visits to retailers.

In response to its investigation, First Mart initiated a recall for the trainset and advised retailers to stop selling the toy and place the recall in store.

However, the trainsets had all been sold and none were successfully recalled.

Vanessa Horne, the Commerce Commission’s general manager of fair trade, said retailers should ensure that toys they sold meet the requirements of the product safety standard for children’s toys before being sold.

The committee advised suppliers to seek certification confirming this, but also said retailers are ultimately responsible for ensuring the toys they sell comply with the law.