Background
The applicant was a company that imports and distributes Halloween and party products. Its application for judicial review raised concerns relating to the procedure for importing such goods into Northern Ireland post-Brexit.
In particular, the applicant sought to impugn a decision by the respondent, Belfast City Council, to classify goods imported as ‘toys’ within the meaning of the Toys (Safety) Regulations 2011, and to subsequently detain those goods.
In November 2021, the Office for Product Safety and Standards (OPSS) notified the respondent, claiming that a number of these items had been removed and sent for testing. The respondent argued that it acted lawfully at all material times, that the hold on the products was placed by OPSS, and that the goods held were non-compliant toys.
The goods the subject of the hold were identified as including “USA Flag Ghost Face Mask”, “Scary Movie Mask”, “Michael Myers Knife” and “Anubis Mask Adult”. The applicant argued that the respondent erred in classifying these goods as toys, and acted unlawfully in subjecting the goods to permanent detention.
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