Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 

Myriad Marketing Toy Safety Judgment

Important precedent for retailers and distributors: High Court finds that novelty containers can be toys-toy safety standard can apply to them

A recent Dunedin High Court decision has set an important precedent for retailers and distributors: novelty containers can be toys and the product safety standard for toys can apply to them.

The High Court decision relates to "Big Baby" and "Chewy Baby" brand sweets packaged in imitation babies' bottles. The products were imported and distributed in New Zealand by Myriad Marketing Limited.

Commerce Commission Chair John Belgrave said that Myriad Marketing claimed that the containers were merely humorous confectionary packaging and were not required to comply with the product safety standard for toys.

Justice Panckhurst determined that the products were capable of having a dual purpose and that in this case they were also toys designed for use by young children.

The decision means that suppliers and distributors must be aware that novelty packaging may, on an objective basis, also be a toy for young children, and if this is so it must comply with the product safety standard.

Mr Belgrave advised that retailers and distributors, and lawyers advising them, get copies of Justice Panckhurst's judgment. The judgment was issued by the Dunedin High Court on 11 July 2001.

The safety standard applies to toys for children aged up to three because up to about that age children do not have a properly developed coughing reflex. If they swallow or inhale an object that sticks in their throat, then they often do not cough and must be helped before they choke.

The standard prohibits toys, and parts of toys, that fit completely into a measuring cylinder about the size of a 35mm film canister. In the Myriad case, the imitation babies' bottles had removable teets that were too small to meet the standard.

In June last year Myriad consented to Justice Panckhurst imposing injunctions preventing further supply of "Big Baby" and "Chewy Baby" bottles with removable teets.

Since the injunction Myriad has supplied "Big Baby" and "Chewy Baby" bottles with teets that could not be removed, and these altered bottles comply with the safety standard.

The Commission did not seek penalties or costs against Myriad.

In an unrelated case, the Christchurch District Court on Tuesday fined John Monk Trading Co Limited $12,000 for importing baby rattles that did not meet the safety standard.

Ends


© Scoop Media

 
 
 
Business Headlines | Sci-Tech Headlines

 

Media Mega Merger: StuffMe Hearing Argues Over Moveable Feast

New Zealand's two largest news publishers are appealing against the Commerce Commission's rejection of the proposal to merge their operations. More>>

Elsewhere:


Approval: Northern Corridor Decision Released

The approval gives the green light to construction of the last link of Auckland’s Western Ring Route, providing an alternative route from South Auckland to the North Shore. More>>

ALSO:


Crown Accounts: $4.1 Billion Surplus

The New Zealand Government has achieved its third fiscal surplus in a row with the Crown accounts for the year ended 30 June 2017 showing an OBEGAL surplus of $4.1 billion, $2.2 billion stronger than last year, Finance Minister Steven Joyce says. More>>

ALSO:

Mycoplasma Bovis: One New Property Tests Positive

The newly identified property... was already under a Restricted Place notice under the Biosecurity Act. More>>

Accounting Scandal: Suspension Of Fuji Xerox From All-Of-Government Contract

General Manager of New Zealand Government Procurement John Ivil says, “FXNZ has been formally suspended from the Print Technology and Associated Services (PTAS) contract and terminated from the Office Supplies contract.” More>>