The Commerce Commission has prosecuted New Zealand budget retailer Crackerjack for breaching fire hazard labelling requirements on children's pyjamas.
During an inspection of a Crackerjack store in Napier, commission investigators identified garments being supplied that were missing or had non-compliant fire hazard labels.
Crackerjack has now been fined $174,250 in the North Shore District Court for supplying children's nightwear that breached fire hazard and fibre content labelling requirements, under the Fair Trading Act.
The commission's product safety manager Grant McIntosh told Breakfast fire hazard labels were "vital" to inform consumers about the risk of the clothing catching fire.
"As we head into winter and parents are trying to keep kids warm in pyjamas and dressing gowns in front of the heater or fire, it is important they know of the risk and suitability of the nightwear they're buying."
He advised parents to "have a second look" at the pyjamas they put on their kids coming into the winter months, particularly around open heat sources.
"Be very conscious of heat sources in the house, the open fires, and so on. And how close kids are sitting to those products."
He said this sentencing was a "very clear message from the courts" that the issue was being taken very seriously and businesses should comply with fire-safety regulations.
"Businesses have a responsibility to ensure the products they sell are safe and comply with all relevant standards particularly when the safety of children is concerned. They should have rigorous compliance processes in place to ensure this," McIntosh said.
"All children's nightwear and certain daywear sold must comply with the safety requirements and have a fire hazard label permanently attached in an obvious place. Not complying with these obligations creates a serious safety risk."
McIntosh said the requirements also extended to wearable towels and blankets, and cited a recent warning to Davie Clothing, the company behind Oodie, for selling wearable towels which did not comply with the compulsory requirement.
After opening an investigation into Crackerjack, the commission found 10 nightwear garments with incorrect fire hazard labels, and a further six – including some made from fabrics with a higher fire risk – with no labels at all.
In total, 2880 units of nightwear across Crackerjack's full range were imported by the business in April 2022, including non-compliant garments. The commission understood that up to 266 items were sold to consumers.
Crackerjack was unable to confirm how many non-compliant garments were sold and a general recall of all children's nightwear was carried out in May 2022.
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