Selling toys on the internet – It's no game

Published

24 Feb 2009

Internet toy traders have been reminded they must meet mandatory safety standards for their products after hazardous toys were made available on websites.

"After a consumer complaint, the Australian Competition and Consumer Commission tested two toy cars being sold through www.soldsmart.com.au against the standard," ACCC Deputy Chair, Mr Peter Kell, said today.

"Independent tests confirmed the toys failed to meet the mandatory Australian standard for toys for children up to and including 36 months of age.

"Parts broke off during testing and could be a choking hazard.

"Young children, particularly those under three, put most things in their mouth. They haven't learned to cough things up that might become lodged in their throat. This is why small pieces of toys or bits that break off easily are so hazardous to young children and must be kept away from them."

The ACCC has accepted a court enforceable undertaking from Kyberguard Pty Ltd, the parent company of the website.

Kyberguard was quick to react and conducted a voluntary recall of the products and contacted each purchaser individually.

Kyberguard offered full refunds to all consumers who had bought the toys and provided undertakings that it will:

refrain from similar conduct in the future
ensure that all products sold on the website www.soldsmart.com.au that are subject to a prescribed consumer product safety standard or information standard under the Trade Practices Act 1974, comply
establish and implement a trade practices compliance program for all employees of the company, and
ensure that any test reports for products advertised for sale on www.soldsmart.com.au are not more than 12 months old, and are supplied by an Australian NATA accredited testing agency.

"This is a message to all suppliers that products sold over the internet are also subject to mandatory product safety standards and bans," Mr Kell said.

"It is also a timely reminder to consumers that when buying products for children under the age of three, avoid toys with small parts that could be a choking hazard, and look for age recommendations and instructions on proper use, assembly and supervision."