Sale of non-compliant baby rattles breaches the Trade Practices Act
Between April 2006 and September 2009 Alvaton Holdings Pty Ltd trading as Cut Price Imports supplied more than 10,000 non-compliant baby rattles to retailers across Australia.
The Federal Court declarations follow proceedings instituted by the ACCC against Cut Price Imports in March 2010 in relation to two styles of baby rattles, the Smile Bear (Bear with Keys) rattle and Bao Bei (Zhiyue) key rattle.
Tests conducted on the rattles during an ACCC product safety survey, found that they contained parts constituting a choking/suffocation hazard. The Bao Bei (Zhiyue) key rattle was also found to break apart, causing an inhalation/ingestion hazard.
The Federal Court also granted injunctions against Cut Price Imports and ordered it to establish and maintain a trade practices law compliance program, and pay costs. In handing down his judgment, Justice Gilmour noted that Cut Price Imports had already published, on its website and in various printed publications, a notice warning consumers about the non-compliant rattles. The matter was settled by consent of the parties.
"The ACCC acknowledges that Cut Price Imports took immediate steps to withdraw the baby rattles from sale once it became aware of the safety concerns," ACCC deputy chair Peter Kell said.
"However, the ACCC litigation is a clear sign of the seriousness with which the ACCC views breaches of the mandatory consumer product safety standards. The ACCC will not tolerate breaches of these standards, particularly where the breaches place vulnerable consumers at risk of serious injury or death."
- Mr Peter Kell, Deputy Chair, (02)92309152
- Ms Lin Enright, Media, (02) 6243 1108 or 0414 613 520
- Infocentre 1300 302 502
Release # NR 145/10