Geneva Distributors Limited has been fined $38,500 in the Waitakere District Court for supplying a toy that did not comply with the Product Safety Standard for toys intended for use by children under the age of three.

The toy in question was a brightly coloured, plastic, battery-operated musical toy in the shape of a guitar featuring a removable container filled with lollies.

Small parts came loose during the testing of the toy – which replicates the use of the item in the hands of a child, including dropping, twisting and pulling – by an independent laboratory, presenting a choking hazard and breaching the product safety standard.

“Businesses supplying toys for children under the age of three are responsible for ensuring they are safe and comply with applicable laws,” said Grant McIntosh, product safety manager at the Commerce Commission.

“Even if products are labelled for use by children over three, businesses must still comply with the Product Safety Standard if their toys are suitable for children under three.”

McIntosh also advised businesses to understand their obligations when advertising and supplying products for sale.

If parents or caregivers are concerned that a toy violates the Standard, they should contact the seller and inform the Commerce Commission via its website.

Geneva Distributors Limited is a company that distributes a range of products such as confectionery, beverages, snack foods, biscuits and similar items across New Zealand and the Pacific Islands. The company estimates that toys comprise around 4-5 per cent of its total business, and all the toys contain confectionery.