Bold warning: imported products, including children’s toys, may not be tested for safety, so steer clear of items that could be contaminated or defective.
A renewed asbestos scare has triggered recalls of several brands of colored play sand for kids, with authorities expanding the list to include two more products: Rainbow Sand Art Toy and another color sand line. Around 800 units have been sold through discount outlets nationwide, along with related sand craft products. Some batches of the colored sands reportedly contain tremolite asbestos. Although importing products containing asbestos is illegal, experts warn that compliance is not always guaranteed in practice.
University of Auckland law professor Alex Sims cautions shoppers not to assume laws are consistently enforced. “We’ve just seen this with the colored sand, but realistically, it isn’t a product people naturally expect to contain asbestos,” she notes. She explains that retailers and importers carry the responsibility to verify product safety, but that doesn’t always happen. Numerous laws govern kids’ toys, and unlawful asbestos content in imported goods should be caught before reaching consumers, yet enforcement is not foolproof.
Sims adds that safety issues with products happen from time to time, though the public often learns about them only after an incident prompts prosecutions. She mentions that regulators like the Commerce Commission could conduct spot checks, but the sheer volume of goods makes comprehensive checks difficult.
Regarding reimbursement for asbestos testing or cleanup, Sims says retailers—often including major chains like Kmart—bear responsibility under the Consumer Guarantees Act. If a product is unsafe or contaminated with asbestos, consumers may be entitled to a refund as well as compensation for testing and cleanup costs. If contamination spreads through a home (for example, into carpet), replacement costs may also apply. Still, she cautions that obtaining such remedies may be unlikely in practice, and disputes may have to be resolved through tribunals.
Schools fall under the same consumer guarantees framework, she notes. Yet, even with strong laws, buyers ultimately must stay vigilant about what they buy. “Regulations exist, but they don’t always protect everyone; it’s often buyer beware.”
With Christmas approaching, she suggests opting for simpler, traditional toys—such as wooden items without paints—as a safer alternative for now.
In parallel, the MBIE product safety team is reviewing supply chains with retailers of kids’ sand to determine origins and ensure compliance. The ministry reiterates that retailers are responsible for selling safe products, and importing asbestos-containing items requires a permit.
Kmart did not respond to requests for comment regarding its sand products.
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