Fun, fabulous, groovy, and potentially lethal. Beanbags are back in vogue and the Australian Competition and Consumer Commission isn't relaxing on the job. All beanbags come under the ACCC's watchful eye.
Beanbags, beanbag covers and the packaging of beanbag filling are covered by a mandatory product safety standard* under the Trade Practices Act 1974.
"It is the responsibility of suppliers and retailers to ensure their products comply with the mandatory standard", ACCC Chairman, Professor Allan Fels, warned.
"Polystyrene beanbag filling was responsible for the unfortunate death by choking of two toddlers in the 1980's. This resulted in the introduction of a mandatory product safety standard in 1987 that aimed to reduce the chance of injury. The standard requires that beanbags carry a specific warning label and have a child-resistant slide-fastener".
A child-resistant slide-fastener is usually a zipper with a locking mechanism and with its tab removed, thus preventing easy opening.
The ACCC carries out national surveys on all products covered by a mandatory standard under the Act.
Following the recent survey period, beanbags, covers and ottomans containing polystyrene beads have been recalled from a variety of sources across the nation. A number of small suppliers and major retail outlets had breached the standard in that their product lacked child-resistant slide-fasteners or did not carry any warning label.
During the survey, an ACCC investigator found that Freedom Furniture Ltd, a major national furniture retailer, had supplied a beanbag cover that did not have a child resistant zip. Upon being notified, Freedom, and its supplier Kas Australia Pty Ltd, immediately withdrew and recalled the product, offering refunds to affected consumers. Freedom further agreed to offer a court enforceable undertaking to the ACCC agreeing to implement a compliance program to ensure that the likelihood of this situation occurring again is lessened.
"While the ACCC was pleased with the immediate response by suppliers and retailers, I am concerned that actions are reactive rather than proactive.
"It is important that suppliers and retailers be aware of their obligations under the Act. Suppliers must ensure their beanbag products meet the safety standard. At the same time, retailers are also responsible for ensuring their products meet mandatory standards. Apart from stipulating to suppliers that this is a requirement, retailers need to do their own checks to ensure compliance.
"Recent amendments to the Trade Practices Act means that penalties the courts can impose for breaches of the consumer protection provisions have increased from $200,000 to $1.1 million for corporations and from $40,000 to $220,000 for individuals.
"Concerned consumers who may have recently purchased beanbag items should check to ensure that the tab has been removed from the slide-fastener, the zip stays firmly in place and that the item carries a warning about the danger to children if the beads are inhaled or swallowed".
*The ACCC's brochure on beanbags is available through the Publishing Unit at the ACCC. Please call (02) 6243 1143.