"In 2013, the government declared certain magnetic objects to be unsafe, which remains in effect today. This includes products containing multiple separable small magnets, and means that it is unlawful under the Fair Trading Act 1986 to sell or advertise the sale of such goods. This applies to overseas companies that carry on business in New Zealand, which can potentially include where they sell the goods online to New Zealand consumers.

"The Commerce Commission is the governmental body that is generally responsible for enforcing the Act. The difficulties of enforcing this against an overseas company with no place of business or assets in New Zealand, however, are significant. Although the Commission has previously undertaken enforcement of a different part of the Act against an overseas company operating on the internet, the necessary resourcing and the practical difficulties suggest that this will not occur often."

"It's always important to support and monitor the online purchases of young people as spending can happen in an unfettered matter, especially when there's a poor understanding of where the money comes from or even that it is real money. When it comes to trends like this, which are typically driven by social media, then access to unmoderated spending on potentially harmful items, such as magnets, is made very easy.

"Key things to keep in mind is that parents should both monitor their children's social media use and what trends they're exposed to (as many dangerous trends don't require purchases) and secondly keep a close eye on online purchases and what may be delivered to their home and the reasons why. As overwhelming as this feels, it's crucial to stay involved as the consequences can be extremely harmful."

"As this case study shows, ingesting small high-powered magnets is life threatening. Small high-power magnets have been marketed and sold as fun toys for adults and children when they are sold in sets as they can be used to make different shapes and also be used as fidget toys. Unfortunately, they often come as brightly coloured small balls, making them attractive for children to swallow. Indeed, small high-power magnets are so dangerous that they are banned for sale in certain situations in both Australia and New Zealand. The relevant law in New Zealand is the Unsafe Goods (Small High Powered Magnets) Indefinite Prohibition Notice 2014 (the Notice) and in Australia it is the Consumer Protection Notice No. 5 of 2012. As there are slight differences between the law in Australia in New Zealand, the New Zealand law will be explained.

"In New Zealand the ban covers the sale of two or more separable or loose small high-powered magnets that are for personal, domestic or household use, which are supplied, offered for sale, or advertised for supply as a toy, game, puzzle or novelty (for both children or adults), or for a construction or modelling set or for jewellery which may be worn in or around the mouth or nose. The ban does not apply to the sale of small high-power goods if they are to be used by educational institutions for teaching purposes or are intended to be used in other products. Indeed, small high-powered magnets are routinely used in other products, such as in kitchen cabinet doors.

"Despite the ban small high-power magnets continue to be sold. The Commerce Commission has taken at least two retailers to court for selling the magnets and therefore breaching the Notice (Commerce Commission v PKD Group Ltd (in liq) [2023] NZDC 11923 and Commerce Commission v NZME Advisory Ltd [2023] NZHC 3425). Those prosecutions, while encouraging, occurred after the sale of many sets of small high-power magnets by the two retailers, with at least one child requiring emergency life-saving surgery following one of the purchases. So even local enforcement is not a complete answer.

"The issue of enforcement compounds when as the authors note, products are purchased on overseas online marketplaces, which are “easily accessible by children, with purchases being inexpensive and not always requiring age verification”. While enforcement is problematic as it is more difficult for the Commerce Commission to investigate and force overseas online marketplaces to stop the sale of small high-powered magnets, it is concerning if children are purchasing goods on online marketplaces. Parents should not be allowing their children to purchase items unsupervised on any online marketplaces, all purchases must be done or at least overseen by parents.

"Education is also an issue, as businesses do not always follow laws and people are innocently purchasing sets of small high- power magnets as presents for children and others. Just how education can occur is, of course, not straightforward; however, given the seriousness of the issue it should be explored.

"Finally, both cases occurred and many sets of small high-power magnets were removed from sale due to the Commerce Commission being alerted to their sale. If anyone sees or hears of the sale of small high-power magnets by New Zealand retailers, they must report it to the Commerce Commission."