Legal News

A retailer in the West Midlands has been prosecuted by Sandwell Council Trading Standards, after selling a children’s toy which contained illegally high levels of dangerous chemicals.

The decision to prosecute was taken after a Trading Standards officer bought the “Merry Girl Fashion” doll for £1 from GS Enterprises (Midlands) Limited – trading as Premier Discount and based at Cape Hill in Smethwick, West Midlands.

The officer had purchased the doll in November 2014 to find out whether it contained chemicals called phthalates, which are dangerous to children.

Several types of phthalates are currently banned in children’s toys – phthalates are chemical plasticisers used in the manufacture of toys, feeding bottles, soothers and other children’s products. They are also found in electronic items and some cosmetics such as eye shadow. With some phthalates, researchers have found evidence that they may increase risk of eczema, asthma and allergies.

The doll was found to contain a phthalate called DEHP at levels 500 times greater than the permitted maximum – an offence under the Toys (Safety) Regulations.

The doll’s packaging also did not bear any importer or manufacturer details, which constituted another offence.

GS Enterprises (Midlands) Limited pleaded guilty to both offences and was fined £1,000 for each. The company was also ordered to pay prosecution costs totalling £930.35 – as well as a victim surcharge of £100.

After the hearing, Trading Standards manager for Sandwell Council, Bob Charnley, said:

“The company should have known that the doll was not legal to sell because it was not marked with the details of the manufacturer or importer.

”To make matters worse for the company, its records were inadequate – and it was unable to show who it had purchased the doll from. It therefore bore sole responsibility for the offences at issue.

“This shows how important it is for businesses to obtain and keep proper records.”

Sandwell Council Leader Councillor Darren Cooper added:

“This was an extremely serious matter. Sandwell Council will not hesitate to prosecute in circumstances such as this in order to protect young children from harm – and to serve as a warning to other traders not to sell unsafe toys such as these.”

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