Choking hazard toys are sold in borough shops

Mar 13 2008 by Kerry-Lynne Doyle, Glamorgan Gazette

PARENTS are being told to be on the look out for dangerous toys which could choke young children.

B & J Distribution Ltd, which trades as B&J Toys, were fined £2,000 after a toy that was a choking hazard to children and failed to meet British safety regulations was found on sale in Porthcawl.

Trading standards officers bought the mask and gun toy supplied by the company, from Londis on John Street, on November 28, 2006.

Bridgend magistrates’ heard tests revealed darts from the £1.99 toy posed a choking hazard. The court also heard six of the toys, which were made in China and imported, have not been recovered.

The Walsall-based company admitted offering for sale a toy which did not meet safety regulations.

It also admitted making a false or misleading statement on its website by saying it was a member of the British Standards Institution (BSI).

Andrea Lee, prosecuting, said the toy was tested by trading standards officers on December 8, 2006.

“It failed the test as the rubber sucker detached in a cylinder designed to simulate a child’s throat,” she said. In effect it was a risk of choking for a child. On January 11 the officer purchased further samples of the toy and informed the trader they were being sent away for tests. These confirmed the toy failed British Standards tests.

“The owner of the shop said 11 toys were sent to the shop and six toys were purchased by members of the public.”

Mrs Lee told the court that officers wrote to the company and received a faxed test certificate from Hong Kong.

She said the company had imported 28,800 toys but they were “not tested to British Standards.” In relation to the company’s website, Mrs Lee said it falsely claimed it was a member of the BSI.

Jeremy Barnett, defending, said: “The company has been importing toys for 25 years. The company, until this prosecution, relied in the main on test certificates provided by the factories.

“The defendants believed the product had been tested in China to UK regulations, but they concede they should have done more and tested it themselves. “It seems to us that what has happened here is this must have been a faulty batch. “Put quite simply, the defendants have realised by this prosecution they have to tighten up their procedures.”

William Lynch, a director of the company, told the court it recalled the product within six weeks and would implement new testing procedures imminently.

Chair of the magistrates Christine Court asked what the company had done to recover the six toys bought by the public, and Mr Lynch replied: “We couldn’t do anything.” The company was also fined £1,000 for making a false statement and ordered to pay £1,141.16 costs.