J. L. Footwear Pty Ltd - s.87B undertaking

J L Footwear Pty Ltd trading as Nine West (Nine West), retailer of shoes and accessories such as handbags and sunglasses, has admitted to supplying sunglasses that failed to comply with both the labelling and performance requirements of the mandatory consumer product safety standard based on AS/NZS 1067:3003 sunglasses and fashion spectacles (the Standard).

Specifically, Nine West supplied sunglasses that were not labelled with the lens category number and corresponding description. Subsequent enquiries also revealed that only 3 out of Nine West's current range of 8 models of sunglasses passed performance testing.

As a result of the failed performance tests, on 31 March 2008 Nine West conducted a voluntary recall of all sunglasses sold by Nine West stores since 1 January 2007 except for the 3 models that were found to comply with the performance requirements of the Standard.

Nine West has provided court enforceable undertakings to the ACCC that it will:

• ensure that sunglasses supplied by Nine West that are subject to a mandatory safety and/or information standard prescribed under the Trade Practices Act (the TPA) will comply with that standard; and
• implement a trade practices corporate compliance program for Nine West employees and other persons involved in its business in Australia to minimise the risk of future breaches of Part V of the TPA by Nine West.