By Kate Harvey
Content Manager | Pou Whakahaere Ihirangi
More and more toy sand products are being recalled nationwide because of concerns they contain asbestos. So, now seems a good time to clear up what are your consumer rights if you’ve owned recalled products.
Under the Consumer Guarantees Act, goods need to be of acceptable quality. For something to be of acceptable quality, it must be:
safe
durable
fit for purpose
acceptable in appearance and finish
free from minor defects.
A product for children that contains asbestos is obviously not of acceptable quality – so the store that sold it needs to provide a refund.
If you’ve had a recalled sand product in your home, you might need to fork out for testing or decontamination. Under the Consumer Guarantees Act, you might also be able to claim back these extra costs you incur from the seller.
For example, if you need to buy a new vacuum after using your old one to clean up asbestos-containing sand, we think the retailer that sold the sand should cover the cost of your new vacuum. This is because the vacuum cleaner is a cost associated with the retailer’s product not being of acceptable quality.
If the retailer won’t pay up, you could consider taking a claim to the Disputes Tribunal.
The Disputes Tribunal isn’t as formal as going to court – you pay a fee and represent yourself in a hearing.
You can find a list of the products being recalled in New Zealand on the Ministry of Business, Innovation and Employment’s Product Safety website.
Our advice for buying toys this Christmas
Consumer NZ head of research and advocacy Gemma Rasmussen recently returned from a product safety conference in Korea. She has two pieces of advice for people buying kids presents this Christmas.
“Don't buy kids’ presents from cheap online marketplaces like Temu and Shein,” Gemma says.
“I understand the cost of living is really tough at the moment, and tight budgets this Christmas might make these shops hard to avoid. But when it comes to kids’ products, don't skimp.
“These online markets have a really high failure rate in safety testing, and we don't think it's worth the risk. Multiple countries have tested toys from these websites, and the results are never good.”
Gemma recognises it might seem strange to call out Temu and Shein when lots of people would have bought their contaminated sand from New Zealand stores including Kmart.
“Bigger, more established toy brands can be a bit safer. They usually follow international standards and have higher quality control and safety testing protocols,” she says.
“They also have the reputational incentive – a recall or a safety scandal can really impact their bottom dollar.”
Gemma also says she’d avoid bargain stores. “I put them in a similar category to places like Temu and Shein. I think there is a risk the toys will be poorly made.”
She urges anyone who is shopping for kids’ toys this Christmas to look closely at any toys they are thinking of buying.
“If you are purchasing, inspect the product. Think about the age of the person you're buying for. Are there any parts that could come out? Are there batteries that you need to be worried about?”
We know your rights
Got a problem with a faulty product, received shoddy service or been misled by a retailer? Our expert advisers can provide clear, practical advice that you can trust.
