The Australian Competition and Consumer Commission today obtained undertakings in the Federal Court permanently preventing the further supply of the Starfish swimming vest in its present form.
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.
The ACCC alleged that when a child jumped or dived into the water, the pressure from the impact with the water applied to the buckles at the front of the vest may cause them to be released and the vest may slip off. On 3 January 1997 Justice Bryan Beaumont of the Federal Court made interlocutory orders, by consent, preventing the supply of the vest by Sterns and requiring the placement of warning notices in newspapers in all capital cities.
The permanent undertakings require the continuance of the newspaper advertisements together with television advertisements alerting consumers that the buckles may become unfastened on impact with the water. There has been no recall of the product but Sterns has undertaken to the Court that it will accept returns of undamaged swimming vests to the point of sale and to refund to retailers the price paid to Sterns by the retailer for the product.
The ACCC acknowledges that Sterns had not knowingly supplied a product in breach of the safety standard and that Sterns had cooperated in addressing the safety issue by providing appropriate undertakings to the Court. The ACCC will continue to take strong enforcement action on product safety issues, particularly where the safety of children is involved.
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.
The ACCC alleged that when a child jumped or dived into the water, the pressure from the impact with the water applied to the buckles at the front of the vest may cause them to be released and the vest may slip off. On 3 January 1997 Justice Bryan Beaumont of the Federal Court made interlocutory orders, by consent, preventing the supply of the vest by Sterns and requiring the placement of warning notices in newspapers in all capital cities.
The permanent undertakings require the continuance of the newspaper advertisements together with television advertisements alerting consumers that the buckles may become unfastened on impact with the water. There has been no recall of the product but Sterns has undertaken to the Court that it will accept returns of undamaged swimming vests to the point of sale and to refund to retailers the price paid to Sterns by the retailer for the product.
The ACCC acknowledges that Sterns had not knowingly supplied a product in breach of the safety standard and that Sterns had cooperated in addressing the safety issue by providing appropriate undertakings to the Court. The ACCC will continue to take strong enforcement action on product safety issues, particularly where the safety of children is involved.