The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Melbourne against Pacific Dunlop Limited (Pacific Dunlop) seeking compensation for a consumer who has allegedly developed a serious form of latex (rubber) allergy through her use of Pacific Dunlop's Ansell brand of disposable (single use) and non-disposable household rubber gloves.
The proceedings are being brought under the representative action and product liability provisions of the Trade Practices Act 1974. The ACCC alleges that Pacific Dunlop is liable to compensate the consumer due to the absence at the time the product was originally sold of warning labelling as to the risk of latex allergy and appropriate use instructions.
Part VA of the Act provides a statutory right of action in respect of defective goods that cause injury, loss or damage. Section 75AC(2) of the Act sets out a series of matters to which regard is to be had in determining whether goods are safe, including the manner in which they are marketed and the instructions or warnings provided with the goods.
Ansell household rubber gloves now carry a warning about latex allergy following previous discussions between the ACCC and Pacific Dunlop in 1998.
The first directions hearing in this matter has been set for 6 March 2000.