The Australian Competition and Consumer Commission has instituted proceedings in relation to the sale of children's nightclothes in breach of the mandatory consumer product safety standard.
In documents filed in the Federal Court in Sydney, the ACCC is seeking permanent injunctions and other orders against Woolworths Limited; Woolworths (Queensland) Pty Limited; Woolworths (South Australia) Pty Limited; Woolworths (W.A.) Pty Limited; and Australian Safeway Stores Pty Limited.
The ACCC alleges that the companies have breached sections 52, 53(a), 53(c) and 65C of the Act by selling and offering for sale six styles of children's nightclothes. The ACCC is seeking:
- injunctions preventing further sale of the products;
- an injunction requiring them to appoint an independent external investigator to report to Woolworths and the ACCC on the contraventions occurred, those responsible and identify necessary modifications to Woolworth's quality assurance, warehouse and product recall procedures;
- an injunction for five years, requiring the companies to submit all new product lines of children's nightclothes to Woolworths quality assurance department for testing and certification that it complies with the standard, and testing of representative samples of each batch of imported children's nightclothes for compliance with the standard ;
- an injunction requiring the companies to revise their existing product recall procedures in consultation with the Commission ;
- an injunction requiring the companies to institute within three months a Trade Practices compliance system to the ACCC's satisfaction ; and
- the ACCC's costs.
"Whilst the products have been voluntarily withdrawn from sale by the companies, and they have co-operated fully with the Commission in its investigation, the Commission is seeking orders from the Court to make sure that such breaches do not occur again," the ACCC Chairman, Professor Allan Fels, said today.
A directions hearing will be held in Sydney on 14 June 1996.