Toy Recall: The Warehouse Prioritises Child Safety After Court Case

The Warehouse Fined for Selling Potentially Dangerous Toy

The Warehouse Ltd. Has been ordered by the Auckland District Court to pay a fine of $234,000 for selling a toy, the “Roo Crew Take-Apart Vehicle,” that failed safety tests and posed a choking hazard to young children. The ruling, delivered on March 24, 2026, underscores the importance of rigorous product safety standards and the potential consequences for retailers who fall short.

According to the Commerce Commission, multiple small parts detached from each variation of the toy during testing, failing to meet the required standards for products intended for children. While the toy packaging included age warnings, the Commission argued that the product was both labeled and marketed for use by children under 36 months, an age group particularly vulnerable to choking hazards. The toys were displayed in a store aisle alongside other toys suitable for children aged five and under, potentially misleading parents.

Simon Pope, Head of Fair Trading and Product Safety Investigations, emphasized the Commission’s commitment to enforcing product safety standards. “We take our role in enforcing the standard seriously, and will act where we see non-compliance, which can have dire consequences,” Pope stated. The Fair Trading Act mandates that toys designed, manufactured, labeled, or marketed for children under three years old must not contain small parts or components that could easily detach during play.

The case highlights a specific concern regarding the imagery used on the toy’s packaging. According to Fairley, a representative from The Warehouse, the Commission’s primary grievance centered on an image depicting a child who appeared to be under three years old, despite the presence of age warnings. “We are grateful that the court reached the same view on this,” she said.

The Warehouse had previously issued a voluntary recall notice for the “Roo Crew Take-Apart Vehicle” after the concerns were raised. However, the Commission pursued the case for over two years, even after the toy was removed from sale, demonstrating a commitment to holding the retailer accountable. The company’s lawyer, Jacob Barry, told the court last year that the incident revealed flaws in The Warehouse’s quality assurance systems, noting that over 12,000 potentially dangerous products had been sold over a two-year period due to an “error of judgment.”

This ruling arrives amidst growing scrutiny of product safety, particularly concerning items sourced from overseas retailers. The Commission noted that numerous toys sold by offshore online retailers have been found to fall short of New Zealand’s product safety requirements, raising concerns about the challenges of regulating products purchased from international sources. The Warehouse, for its part, maintains that customer safety is a “non-negotiable priority” and will continue to prioritize compliance with legal requirements.

The Commission is urging consumers who still possess the “Roo Crew Take-Apart Vehicle” to return it for a full refund. This case serves as a stark reminder to businesses of the critical importance of thorough product testing and accurate labeling, and to consumers of the need to remain vigilant about the safety of toys purchased for young children.