Paris Miki Australia Pty Ltd - s.87B undertaking

Paris Miki Australia Pty Limited which operates the Paris Miki optical stores across Australia has offered a section 87B court enforceable undertaking to the ACCC following its supply to consumers of sunglasses that failed to comply with the labelling requirements of the mandatory consumer product safety standard prescribed under the Trade Practices Act 1974 (the Act), namely AS/NZS 1067:2003 Sunglasses and fashion spectacles (the Standard).

Specifically, Paris Miki supplied various brands of sunglasses some of which contained no labelling and accordingly were deficient of information as to the lens category number, the corresponding lens category description and the manufacturer or supplier’s identification required under the Standard. In other cases Paris Miki supplied some brands of sunglasses that, despite providing the lens category number, failed to provide the other labelling information prescribed by the Standard.

Paris Miki acknowledged that by engaging in the conduct it may have contravened section 65C of the Act. The ACCC was particularly concerned by the conduct given Paris Miki was a specialist optical care retailer.

Paris Miki acted promptly on the concerns the ACCC raised, including the offer of a section 87B undertaking to address the concerns raised. As part of the undertaking, Paris Miki has undertaken to:

• ensure goods supplied by it that are subject to a mandatory safety and/or information standard prescribed under the Act comply with the relevant standard;
• put in place procedures to ensure display and sales stock of sunglasses are appropriately labelled; and
• implement a trade practices compliance program to minimise the risk of future breaches of Part V of the Act, including sections 65C and 65D.