NZSale was yesterday sentenced in the North Shore District Court. Photo / Screenshot
NZSale was yesterday sentenced in the North Shore District Court. Photo / Screenshot
Online shopping club NZSale has been fined $74,000 for selling unsafe children's nightwear.
The company was sentenced in the North Shore District Court yesterday after a Commerce Commission investigation found nightwear it sold included products which were recalled in December 2015 due to safety hazards.
NZSale pleaded guilty four FairTrading Act charges for selling three types of children's pyjamas and a sleep sack which did not meet product safety requirements as the material was too flammable, did not carry the right fire hazard label or had no fire hazard label at all.
Under the Fair Trading Act, children's nightwear and some daywear must be made of fabric less likely to burn and must have a fire hazard information label on how to reduce the risk of children being injured if the nightwear catches fire.
In sentencing, Judge Philippa Cunningham said the purpose of the Fair Trading Act was to protect and promote consumer welfare as well as fair competition.
"These products are the subject of regulation to protect children from the risk of fire which can result in severe disfiguring injuries or worse," Judge Cunningham said.
The Commerce Commission's investigation into NZSale was fuelled by a product recall in Australia for the same products, following an investigation by consumer watchdog the Australian Competition and Consumer Commission (ACCC).
A total of 73 units of the unsafe product was sold in New Zealand.
Eight garments were returned following the recall and 15 garments were confirmed as destroyed by consumers.
Commissioner Anna Rawlings said the sentencing of NZSale was one of a string of cases taken by the commission to improve retail compliance.
"It is important that retailers understand and comply with safety standards - especially when babies and young children are concerned. Flammable material should not be used for nightwear because of the risk of children being injured if it was to catch fire," Rawlings said.
"Parents should check the labelling of clothing so they are aware of the safety and suitability of children's nightwear when using heaters or fires."
NZSale gets its stock from suppliers in New Zealand, Australia, the US and UK, selling its product at discount outlet prices.
It sells products online and in 12 stores throughout New Zealand.
