NSW Fair Trading Consumer Protection Unit discover dangerous kids toys and clothing

Media release Fair Trading

A NSW Fair Trading market surveillance operation has uncovered a range of children’s toys and sleepwear that are prohibited and potentially dangerous.

NSW Fair Trading Commissioner Rose Webb said Fair Trading officers targeted unsafe products across 40 businesses in Sydney’s West and seized non-compliant toys, prams, and children’s nightwear.

“When our officers are inspecting children’s nightwear for sale, they are looking for appropriate labelling as required by the Mandatory Standard. All suppliers must comply with mandatory safety standards and bans when importing, distributing and retailing products,” Ms Webb said.

In NSW all children’s sleepwear must carry labels based on the fire risks associated with the product. Nightwear for children - and some daywear - is classified into one of four categories, according to garment or fabric type.

“According to NSW Health, children sustaining burns as a result of nightwear catching fire has largely disappeared over the years because of design and labelling requirements, which is why we continue to ensure the market is complying with standards and penalising businesses that do not,” Ms Webb said.

Some garments are so flammable they do not meet any of the four categories and cannot be given a label and must not be sold. The sleepwear found during the operation fell into this prohibited category.

“We are also reminding consumers that children’s nightwear should be form-fitting and made of material labelled ‘low fire danger’. Loose clothing that makes contact with heaters can easily become flammable,” Ms Webb said.

Toys discovered by Fair Trading officers throughout the operation failed testing for a number of reasons including the possibility that small parts could separate from toys during play or after reasonable wear and tear. Small parts can potentially cause suffocation, choking and even death.

“NSW Fair Trading prioritises the safety of consumers and ensures that businesses understand their responsibility to provide safe and compliant items. Under Australian Consumer Law, the maximum fine for individuals caught selling dangerous toys is $500,000, while companies can be fined up to $10 million,” Ms Webb said.

Consumers who have purchased non-compliant or dangerous children’s items are entitled to a refund of the purchase price. If they decide not to seek a refund, they should safely dispose of the toy immediately. Visit www.fairtrading.nsw.gov.au for more information.

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