The Warehouse has been fined $234,000 by the Commerce Commission for allegations of selling an unsafe toy that poses a choking risk to children.

The Warehouse denies the allegations.

Speaking after confirming the fine, the commission’s head of product safety investigations, Simon Pope, said the ‘Roo Crew Take-Apart Vehicle Toys’ failed to meet standards.

“Multiple parts came off each variation of the toy, and they failed small parts testing,” he added.

“While the toys did carry some warnings, they were labelled and marketed for use by children aged 36 months or under. Our investigation also found the toys were displayed in an aisle with other toys suitable for children aged five and under.”

The commission said that toys marketed for use by children under three cannot have small parts that could come off during use.

“Businesses should take steps to ensure the products they supply comply with legal requirements,” Pope said. “Any labelling applied to the toy needs to align with the age appropriateness of the toy.”

The fine comes after The Warehouse issued a voluntary recall notice for the toy. Carrie Fairley, The Warehouse’s chief merchandise officer, responded to the decision.

“This toy was safe all along, and no child has ever been injured,” Fairley said.

“The commission’s key grievance was the packaging, not the toy itself. It related specifically to an image of a child who appeared to be under three years old, despite our clear and prominent age warnings on the packaging. We are grateful that the court reached the same view on this.

“The commission pursued this matter for more than two years, even though The Warehouse removed the safe toy from sale immediately.”

Fairley then claimed that “countless” toys have been sold in New Zealand from offshore retailers which fall short of the country’s product safety requirements.

“The Warehouse has, and always will, treat the safety of our customers as a non-negotiable priority,” she added.