Children's bathrobes which did not disclose fire hazard or size information has led chain store Spotlight Stores Pty Ltd to give court-enforceable undertakings to the Australian Competition and Consumer Commission.
"The nightwear did not meet the mandatory product safety standards for children's nightwear", ACCC Chairman, Mr Graeme Samuel, said today. "Proper fire hazard labelling of such items means parents can protect their children around heating appliances and open fireplaces".
The standard requires that children's nightwear items are labelled with fire safety labelling which correspond with the proven tested behaviour of the fabric from which the garment is made. The design of the garment is also instrumental in the reaction to fire hazard.
"Children's nightwear suppliers must ensure products they sell comply with the mandatory children's nightwear product safety standard or they risk breaching the Trade Practices Act", he said.
Spotlight Stores Pty Ltd will:
- refrain from selling any children's nightwear products without the relevant affixed fire hazard labelling
- refrain from selling any children's nightwear products without affixed children's nightwear size labelling information
- implement a trade practices law compliance program, and
- implement annual testing of all children's nightwear in accordance with the performance requirements of the standard.
Once notified, Spotlight cooperated with the ACCC. It has carried out a voluntary product recall and advertised the recall in local daily newspapers throughout Australia and New Zealand. It has displayed in-store signage advising customers that they can return a previously bought garment for a full refund. Spotlight has also carried out independent testing of all recalled items.
"The ACCC takes its role of enforcing the consumer product safety standards very seriously", Mr Samuel said. "The ACCC will take swift action where issues of children's safety are concerned.
"This action may have been avoided had the company in place an effective trade practices law compliance program".