DW International Pty Ltd and Bo Hui Dong - Court action

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10 December 2010
Court actions

A Moorabbin wholesaler has been ordered to recall and destroy 12 types of dangerous toys, after a Consumer Affairs Victoria inspection uncovered more than 1300 items which failed to comply with safety standards. 

The unsafe toys – including several xylophones, a guitar, wind-up toys, and a plastic duck egg – were seized during an inspection of DW International Pty Ltd’s premises in 2009.

The Victorian Supreme Court found DW International and its sole company officer, Mr Bo Hui Dong, had breached provisions of the Fair Trading Act 1999.

The court found DW International traded in dangerous toys that posed hazards, including:

  • toys which break into small parts when dropped, which children can choke on 
  • toys with stretchable cords, which can strangle young children 
  • battery operated toys without secure lids. Children can easily access the batteries, putting them at risk of electric shock or injury from battery acid. 

The court ordered the recall of all the unsafe products found at the premises. Specific items included:

  • ‘Yo-yo water balls’ - these have a long, stretchy cord that poses a choking hazard 
  • ‘Police Gun Rongye Toys’ – children can insert projectiles into these guns, which pose the risk of serious eye injury 
  • ‘Animal Toys’ which can break into small parts that could choke a young child.

DW International and Mr Dong have been ordered to pay $5000 costs and to provide full refunds to all consumers who return the unsafe toys which can cause choking hazards.

Shoppers who do not return the items to a DW International store should safely dispose of the product. 

The court also ordered that the company:

  • pay for the destruction and disposal of all the seized toys 
  • publish a public notice in the Herald Sun newspaper 
  • be banned from trading in any category of goods subject to product safety standards until they have implemented a compliance program.