Discount store The 123 Mart is facing 28 charges for selling toys and children’s clothing that failed to meet required standards.

Twenty-three of the charges relate to 10 children’s toys, which the Commerce Commission alleges breached the mandatory product safety standard and presented a choking hazard to young children.

One charge relates to children’s nightwear that failed to have a fire danger label on the sleeping pants. The four other charges allege The 123 Mart failed to attach care labelling, country of origin labelling and fibre content labelling to clothing in breach of consumer information standards.

The 123 Mart has withdrawn the toys and clothing from sale. A product safety recall has also been issued for five of the toys. Recalls for the other toys and the nightwear are expected. Consumers who bought the toys and nightwear can get a refund if they return the items to the store. The commission advises against using these products.

Charges against The 123 Mart have been laid under the Fair Trading Act and relate to products sold between April 2013 and June 2016. The store has pleaded not guilty to all charges.

The toys that have been recalled are:

  • ‘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

The recall notice can be found on the Product Recalls website.

Toys and sleep pants that are due to be recalled are:

Items of clothing the commission alleges breached labelling standards are:

  • Girl’s underwear
  • Girl’s leggings
  • Beanie, knitted hat, and winter hat
  • ‘Moto Raincoat’ (Raincoat and legging set)