Starfish Swimming Vests will be recalled from shops and no further supplies be made available following Australian Competition and Consumer Commission Federal Court action today. The ACCC had alleged that the vest, distributed by Stern's Playland Pty Limited, was in breach of the consumer product safety standard for flotation toys and swimming aids for children prescribed under the Trade Practices Act.
It had been available throughout Australia with an estimated 40,000 units sold. It is an inflatable vest, similar in appearance to a life jacket, which is fastened, using two buckles at the front of the vest. The ACCC alleged that when a child jumped into water, the water pressure applied to the buckles causes them to become unfastened and the vest may fall off.
The mandatory standard provides that each swimming aid must be designed in such a way that it can be securely fitted to the appropriate size wearer and, when correctly fitted, shall be incapable of dislocation in normal use. An urgent hearing for interlocutory orders was heard in Federal Court in Sydney today before Justice Brian Beaumont.
At the hearing, the ACCC obtained interlocutory orders, by consent, preventing the distributor from supplying the Starfish swimming vest, and undertakings from the distributor to recall the product from retailers. Further interlocutory orders provided that warning notices be placed in newspapers in all capital cities.
The matter will be heard in full before Justice Beaumont, from Monday 13 January 1997. The ACCC will seek further orders against the distributors of Starfish requiring them to make further newspaper and television advertisements which warn consumers of the hazard, advise the recall and offer refunds.
The ACCC advises parents to think carefully about allowing their children to use the Starfish Swimming Aid until the matter has been resolved.
Further information Mr Allan Asher, Acting Chairman, (06) 264 2838 Ms Lin Enright, Director, Public Relations, (06) 264 2808 or (018) 632 526.
It had been available throughout Australia with an estimated 40,000 units sold. It is an inflatable vest, similar in appearance to a life jacket, which is fastened, using two buckles at the front of the vest. The ACCC alleged that when a child jumped into water, the water pressure applied to the buckles causes them to become unfastened and the vest may fall off.
The mandatory standard provides that each swimming aid must be designed in such a way that it can be securely fitted to the appropriate size wearer and, when correctly fitted, shall be incapable of dislocation in normal use. An urgent hearing for interlocutory orders was heard in Federal Court in Sydney today before Justice Brian Beaumont.
At the hearing, the ACCC obtained interlocutory orders, by consent, preventing the distributor from supplying the Starfish swimming vest, and undertakings from the distributor to recall the product from retailers. Further interlocutory orders provided that warning notices be placed in newspapers in all capital cities.
The matter will be heard in full before Justice Beaumont, from Monday 13 January 1997. The ACCC will seek further orders against the distributors of Starfish requiring them to make further newspaper and television advertisements which warn consumers of the hazard, advise the recall and offer refunds.
The ACCC advises parents to think carefully about allowing their children to use the Starfish Swimming Aid until the matter has been resolved.
Further information Mr Allan Asher, Acting Chairman, (06) 264 2838 Ms Lin Enright, Director, Public Relations, (06) 264 2808 or (018) 632 526.