An importer of children's nightwear will conduct a recall program after giving court enforceable undertakings to the Australian Competition and Consumer Commission.
After importing 1,940 children's dressing gowns which do not comply with the mandatory consumer product safety standard, R.J.N. Australia Pty Ltd has agreed to conduct a recall of the garment in four States and to implement a trade practices law compliance program.
The garment, labelled as Low Fire Risk, is described as: Strictly Sleep by RJN Style B42021.
It is a terry towelling children's dressing gown available in pink, white, or cobalt. It was available exclusively through Harris Scarfe Australia Pty Ltd stores in South Australia, Victoria, Tasmania and country New South Wales, and any returns should be taken to those stores for a refund.
"The garment was identified by ACCC staff during a routine product safety survey and it was tested by an independent testing authority", ACCC Chairman, Mr Graeme Samuel, said today.
"The results of the testing indicate that the garment failed to comply with Australian Standard AS/NZS1249:1999 Children's nightwear and limited daywear having reduced fire hazard.
"Further, the presence of the Low Fire Risk label made the garment particularly dangerous because it may have misled consumers into thinking it was a safer product that it really was. The garment presented a serious fire risk if exposed to direct heating.
"Upon being notified, Harris Scarfe immediately stopped sales and conducted an extensive recall in each State in which it was sold. Further, the retailer has agreed to extend its trade practices law compliance program to include particular training in product safety".
The importer, R.J.N. Australia Pty Ltd, will conduct a second recall of the garments to increase exposure of the recall to consumers.
"I can't stress enough the importance of the obligations on importers, suppliers and retailers to ensure that the products they sell comply with mandatory consumer product safety standards" Mr Samuel said. "It simply isn't enough to just rely on what an overseas manufacturer may have to say about the safety of any product. Importers should be checking the veracity of any claims to ensure Australian consumers have the highest level of protection from unsafe goods".
The ACCC is responsible for enforcing the mandatory consumer product safety and information standards under the Trade Practices Act 1974. Further information is available on the ACCC's website.