The 123 Mart found guilty on 17 charges of unsafe toys and clothing

A fairy doll toy is one of the items being recalled by The 123 Mart for choking hazards.
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A fairy doll toy is one of the items being recalled by The 123 Mart for choking hazards.

Rattles, trumpets and wind-up snakes are some of the toys a budget retailer has been found guilty of selling with choking hazards.

The 123 Mart Limited was found guilty in the Auckland District Court on 17 charges under the Fair Trading Act on July 7, and will be sentenced in October.

Judge Rob Ronayne found 123 Mart sold about 9000 of seven types of toys with small parts that were choking hazards for young children.

After the Commerce Commission charged 123 Mart last year, the retailer chose a defended hearing on 22 charges, and five charges were dismissed.

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The 123 Mart had already pleaded guilty to five charges that it sold more than 1200 items of children's sleeping pants that did not have the required fire danger labels, and more than 11,000 items of clothing that failed to comply with labelling requirements.

The retailer was given compliance advice by the consumer watchdog in 2012, and warned in 2013. Charges were laid in May 2016 and additional charges were laid in August 2016 after the third investigation.

The 123 Mart operated about 60 stores throughout New Zealand, with a multi-million dollar turnover and a large number of goods.

The 123 Mart was opened in 1995 by Joseph Choi and operated under four different brands, including The 123 Mart, Dollar ...
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The 123 Mart was opened in 1995 by Joseph Choi and operated under four different brands, including The 123 Mart, Dollar Store 123, King Dollar Store and Max!Out.

It specialises in low-cost consumer products including toys, costumes and cosmetics. It opened in New Zealand in 1995 under Joseph Choi and has shops under four different brands, including The 123 Mart, Dollar Store 123, King Dollar Store and Max!Out.

It has withdrawn all the toys and clothing from sale and refunds are available from The 123 Mart for the toys and clothing if returned. The commission recommended not using the products.

Recalled toys and clothing:

'My Baby Concert' trumpet

A musical band toy that has been recalled.
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A musical band toy that has been recalled.

'My Baby Concert' rattle

'Toys' wind-up snake set

'The World of toys' house set

Small 'Magnetic letter and number' sets

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Dream house set

Butterfly on a walking stick

Fairy Doll toy

Beaut Surprised girls dolls

Musical band set

Children's sleeping pants

Withdrawn clothing with labelling breaches:

Girl's underwear

Girl's leggings

Beanie, knitted hat, and winter hat

Moto Raincoat

 - Stuff

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