The Commerce Commission has filed 28 charges against a retailer over allegedly unsafe childrens toys and clothing.

The 123 Mart Limited (123 Mart) has pleaded not guilty to the majority of the charges.

The Commerce Commission issued a statement saying the majority of the Fair Trading Act charges relate to toys that allegedly posed a choking hazard. One charge relates to children's nightwear and four charges relate to other clothing.

The Commission says the toys did not meet the mandatory product safety standard for children's toys, and posed a choking hazard to children 36 months and under.


The charges relating to clothing allege 123 Mart didn't correctly label the children's clothes.

123 Mart has withdrawn all the toys and clothing from sale and refunds are available from 123 Mart for the toys and sleeping pants if they are returned.

"We do not advise using these products," the Commerce Commission said.

Five of the toys have had a public product safety recall and the notice can be found on the Product Recalls website.

123 Mart operates 59 stores throughout New Zealand under the brands The 123 Mart, Dollar Store 123, King Dollar Store and Max!Out.

The 123 Mart toys and clothing the charges relate to:
Toys which have been publicly recalled
• 'My Baby Concert' trumpet
• 'My Baby Concert' rattle
• 'Toys' wind-up snake set
• 'The World of toys' house set with small components
• Small 'Magnetic letter and number' sets

Toys and sleep pants which are due to be recalled

• Dream House set

• Butterfly on a walking stick

• Fairy Doll toy

• Beaut Surprised girls dolls

• Musical Band set

• Children's sleeping pants - no fire labelling

Clothing which it is alleged breached labelling standards
• Girl's underwear
• Girl's leggings
• Beanie, knitted hat, and winter hat
• 'Moto Raincoat' (Raincoat and legging set)