The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Cinnamon Bear, an importer and distributor of garments, after baby sleeping bags it had imported and supplied had failed to comply with mandatory safety standards for children's nightwear.
The ACCC took action after receiving information alleging that Babylicious branded baby sleeping bags supplied by Cinnamon Bear to retailers throughout Australia, did not carry the correct fire hazard warning label.
Further the ACCC was concerned that the labels on the Babylicious branded baby sleeping bags indicated that the sleeping bags had met the mandatory standard when this may not have been the case.
Section 65C of the Trade Practices Act 1974 prohibits a company, and individuals carrying on trade between a State and Territory, from supplying consumer goods that do not comply with mandatory product safety standards. The applicable safety standard requires clothing and items such as the baby sleeping bags to meet one of four categories of safety, and be labelled accordingly.
"Consumers and especially children's safety will continue to be of supreme importance to the ACCC," ACCC Chairman, Mr Graeme Samuel, said. "The ACCC will act promptly and decisively against suppliers when consumers are placed at risk through exposure to goods, such as baby sleeping bags, that may not comply with mandatory safety standards.
Cinnamon Bear will:
- ensure relabelling of existing products and cease further supply of incorrectly labelled products
- immediately contact retailers advising that the products do not comply with the relevant mandatory consumer product safety standard
- publish an advertisement in a parenting magazine informing consumers of the labelling issue, and
- implement a trade practices compliance program, with a focus on prescribed consumer product safety standards.
"Cinnamon Bear has been proactive and cooperative in resolving these issues and the implementation of the trade practices compliance program is a positive step to minimising future breaches of this nature by Cinnamon Bear," Mr Samuel said.