Timbermate Products Pty Ltd - s.87B undertaking

Timbermate Products Pty Ltd (Timbermate) carries on business as a manufacturer, importer and distributor of hardware products and supplies including a moulded rubber tie down strap branded “Quickties”.

Between mid 2005 and September 2008 Timbermate supplied Quickties with a paper based warning label to a range of hardware and other retailers.

The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).

There is a prescribed consumer product safety standard for elastic luggage straps (the Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.

The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);

WARNING. Avoid eye injury. DO NOT overstretch. ALWAYS keep face and body out of recoil path. DO NOT use when strap has visible signs of wear or damage.

The purpose of the Warning Label being permanently attached to an elastic luggage strap is to warn the user of the risk of serious injury, including injury to the eyes, from recoil associated with its use.

The TPA prohibits the supply by a corporation of an elastic luggage strap that does not comply with the Mandatory Standard.

Having regard to the material composition of the Warning Label attached to the Quickties the ACCC was of the view it was not permanently attached as required by the Mandatory Standard.

Upon becoming aware of the ACCC’s concerns Timbermate published a public safety warning notice in major daily newspapers warning consumers of the non-compliance of the Quickties labelling and the potential risk to consumers.

Timbermate also relabelled all stock of Quickties on hand with a plastic based warning label and made arrangements to similarly relabel all Quickties stock held by retailers and wholesalers.

Timbermate admits the paper based warning labels are not permanently attached to the Quickties and by supplying those Quickties its conduct may breach section 65C of the TPA.

In settlement of the matter Timbermate has given to the ACCC an undertaking under section 87B of the TPA which requires it establish and implement a Trade Practices Compliance Program designed to minimise the risk of future breaches of section 65C of the TPA.