Two parents in Christchurch are taking legal action against Kmart after their children played with asbestos-contaminated sand toys sold by the retailer.
According to RNZ, Elle Chrisp and David Dingwall are taking Kmart to the Disputes Tribunal in an effort to reclaim costs they incurred having their sand tested, and the subsequent checks and decontamination inside and outside their home that was undertaken by asbestos experts.
Last November, Kmart NZ issued a recall notice for several of its sand toys after independent testing commissioned by the Faculty of Asbestos Management of Australia and New Zealand (FAMANZ) found tremolite asbestos in the products.
Asbestos is a substance proven to increase the risk of developing cancer. The main way people are exposed to asbestos is by breathing in air that contains asbestos fibres.
Consumers were advised to stop using the product immediately, take certain clean-up and disposal measures as instructed by Health NZ, and contact sellers for a full refund.
Families, early childhood centres and schools responded by throwing away toys, ripping up carpet and testing homes and classrooms.
Chrisp told RNZ’s Nine to Noon that she had sent Kmart a letter outlining all the costs, which were in the “tens of thousands”, but received no response.
“If they aren’t going to engage with us directly and they’re going to ignore our claim made directly, the only option for us is to then go to the next stage, which is the Disputes Tribunal.”
Dingwall added, “We think that there may be evidence demonstrating that consumers may have been misled or are likely to have been misled by the information emerging from the supplier in this instance.”
The pair said Kmart downplayed the health risks to consumers in its product recall notice and has misled people over their rights under the Consumer Guarantees Act.
They have also lodged complaints with the Ministry of Business Innovation and Employment, Worksafe, Customs and the Commerce Commission, outlining potential breaches and urging them to take action.
A Kmart spokesperson told RNZ several experts have made public comments regarding the low risk. The spokesperson added that this matter is now subject to legal proceedings and that it would not be appropriate to comment further.
