HPM Industries Ptd Limited sells throughout Australia a wide range of over 13,000 separate items of electrical equipment, including fluorescent tube starter units. HPM's DF40, 40-watt fluorescent starter unit ("the DF40 starter unit") was for many years manufactured in Australia but all such units presently supplied in Australia are imported from India.
Between September 1998 and March 2000, and between mid-2001 and October 2001, the DF40 starter unit was packaged and sold by HPM in packaging bearing both the following representations:
a logo containing the words "Australian Made" and the image of a kangaroo; and
the words "Made in India".
HPM has acknowledged that its quality control system failed and recognised the Commission's concerns that the conduct may have misled customers in respect of the true country of origin of the product. HPM undertook to cease the conduct and has taken all steps to remedy the situation in the market including the offer of refunds to consumers who believe they were misled. HPM have also undertaken to place corrective advertising and undertake a trade practices compliance program.
