Published
Top Variety Pty Ltd and its director Ms Hua He, aka Nancy He, have been ordered to pay $5,437 fines and costs by Parramatta Local Court for supplying a toy seal that could choke a child.
NSW Fair Trading Commissioner Rod Stowe said a director, as well as the company, had been prosecuted under the Australian Consumer Law, because of a concerning pattern of non-compliance over an extended period of time in a number of the company’s registered stores.
“As well, Ms He told NSW Fair Trading in October 2008 that she would no longer sell toys for children aged under 3 years, yet in 2011, she was doing just that,” he said.
NSW Fair Trading investigators inspected the Top Variety store at 215 Merrylands Road, Merrylands in October last year during routine pre-Christmas checks. A children’s toy, Air Blowing Seal and Balls, raised safety concerns.
Top Variety Pty Ltd and its director Ms Hua He, aka Nancy He, have been ordered to pay $5,437 fines and costs by Parramatta Local Court for supplying a toy seal that could choke a child.
NSW Fair Trading Commissioner Rod Stowe said a director, as well as the company, had been prosecuted under the Australian Consumer Law, because of a concerning pattern of non-compliance over an extended period of time in a number of the company’s registered stores.
“As well, Ms He told NSW Fair Trading in October 2008 that she would no longer sell toys for children aged under 3 years, yet in 2011, she was doing just that,” he said.
NSW Fair Trading investigators inspected the Top Variety store at 215 Merrylands Road, Merrylands in October last year during routine pre-Christmas checks. A children’s toy, Air Blowing Seal and Balls, raised safety concerns.
The toy was tested against the Australian product safety standard that applies to toys for children aged up to and including 3 years.
During testing the toy did not prove durable enough to withstand normal use by a small child. It contained small parts dangerous to a child aged under 3 years, it failed a tension and drop test and its batteries could be easily accessed.
Prior product safety standards breaches at stores registered under the company, Top Variety Pty Ltd include:
In March 2003 the company was issued with a written caution for the supply of non compliant projectile toys, swim rings, elastic luggage straps and sunglasses at Amazing Price Variety, Campsie.
In March 2006 the company was issued with a $550 penalty notice for the supply of a non compliant baby rattle and children’s toy at Oz Shopping Paradise, Fairfield.
In September 2007 the company was prosecuted under the Fair Trading Act for the supply of a non compliant baby rattle set and yo-yo novelty balls at Oz Shopping Paradise, Fairfield, as well as for failing to comply with a product safety order. The company pleaded guilty and was ordered to pay fines and costs of $4,740.
In December 2009 the company was issued with a written warning for the supply of a non compliant baby dummy at Crazy Bargain, Fairfield.
In February 2010 the company was issued with a written warning for the supply of non compliant hot water bottles at Merrylands Shopping Paradise, Oz Shopping Paradise, Fairfield and Crazy Bargain, Fairfield.
In June 2011 the company was prosecuted under the Fair Trading Act for the supply of two non compliant children’s toys at Crazy Bargain, Fairfield and Auburn Shopping Paradise. The company pleaded guilty and was ordered to pay fines and costs of $4,480.
For information about product safety standards go to: www.productsafety.gov.au
Contact details
General inquiries
NSW Fair Trading 13 32 20
Further information about nightwear for children's products can also be found on the NSW Fair Trading website.