Bold reality check: imported products, including kids’ play items, often slip through testing, and following the rules isn’t guaranteed. That warning sits at the heart of a recent asbestos scare that triggered a recall of several brands of children’s coloured play sand. The situation expanded recently to include two additional products, Rainbow Sand Art Toy and sand craft, with around 800 units sold across discount stores nationwide. Some coloured sands have been found to contain tremolite asbestos, despite import restrictions that prohibit asbestos in any product.
University of Auckland law professor Alex Sims cautions shoppers not to assume compliance with the law. She told Checkpoint that retailers and importers bear the responsibility to check products, but checks aren’t always performed.
There are many laws about children’s toys and imported goods, yet enforcement isn’t foolproof. Sims notes that while prosecutions often follow after a serious incident, consumer awareness lags until then. Spot checks by the Commerce Commission could help, but given the sheer volume of products, comprehensive monitoring may be impractical.
If parents pursue reimbursement for asbestos testing or cleanup, the retailer—often Kmart in these cases—bears responsibility under the Consumer Guarantees Act. The Act says a product that is unsafe or contaminated with asbestos isn’t covered, so refunds are possible, along with costs for testing and cleaning. If contamination spreads to carpets or other areas needing replacement, those costs may be recoverable too. Still, Sims would be surprised if many seek such remedies, noting disputes often end up at a disputes tribunal.
Schools fall under the same consumer guarantees framework, but enforcement remains uneven. The bottom line: buyers must stay vigilant about what they purchase, since laws aren’t always enough to shield everyone from dangerous imports.
With Christmas approaching, experts suggest opting for simpler, traditional toys—like wooden items without paint—until supply chains and safety assurances improve.
MBIE product safety spokesman Ian Caplin says the Ministry is working with retailers of children’s sand to map supply chains and identify the sand’s origin. The core rule remains clear: retailers must sell safe products, and importing anything containing asbestos requires a permit.
Kmart hasn’t commented on requests for an interview about its sand products.
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