After failing to meet safety standards, retailer NZSALE was fined $74,000 in the North Shore District Court after pleading guilty to four charges. Under the Fair Trading Act, all children’s nightwear (and limited daywear) must be made of fabric that is less likely to burn and must have a fire hazard information label to reduce the risk of children being injured if their nightwear catches fire.
"It is important that the purpose of the FTA is to protect and promote consumer welfare as well as fair competition through fair trading practices. These products are the subject of regulation to protect children from the risk of fire which can result in severe disfiguring injuries or worse," explained Judge Cunningham during the sentence.
The charges in question were three types of children's pyjamas and a sleep sack that were sold by NZSALE that did not meet necessary product safety requirements. The nightwear material was too flammable, did not carry the right fire hazard label or had no fire hazard labelling at all. All products were sold via the NZSALE website and were recalled in New Zealand in December 2015.
"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. Fire hazard labelling requirements are also a necessary safety measure," added commissioner Anna Rawlings. "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."