s. 65C. Alleged supply of goods in breach of mandatory consumer product safety standards
Asia Source Australia supplied luggage straps which did not comply with the mandatory product safety standard, Regulation 11C of the Trade Practices (Consumer Product Safety Standard) Regulations 1979. The straps failed the product safety standard because the warning label had incorrect information and was not permanently attached.
On 13 October 2006 the ACCC accepted a court enforceable undertaking from Asia Source Australia Pty Ltd to:
cease sale of the Porta Hardware and Bilst elastic luggage straps
establish a process for voluntarily recalling the straps from retail stores
arrange for the display of in-store notices to inform consumers about how to return the straps for a refund of the purchase price
refrain in the future from supplying elastic luggage straps with labels that do not comply with the mandatory product safety standard
Hagemeyer Brands Australia Pty Limited trading as Hagemeyer Appliances
ss. 52 and 53(c). Alleged misleading or deceptive conduct and false or misleading representations
Hagemeyer Brands Australia Pty Limited trading as Hagemeyer Appliances (Hagemeyer), importer and distributor of Dimplex air conditioning products, has admitted to making statements that particular Dimplex air conditioning products were ‘environmentally friendly’ when this is not correct.
The statements concerned the environmental benefits of certain Dimplex air conditioning units containing the hydrofluorocarbon refrigerant, R407C gas. R407C gas is a greenhouse gas which will contribute to global warming if released into the atmosphere. While R407C gas is less harmful to the environment than certain hydrofluorocarbon refrigerants such as R22 gas, R407C gas is not considered ‘environmentally friendly’.
Hagemeyer has provided court enforceable undertakings to the ACCC that it will:
refrain from making misleading representations that R407C gas or the airconditioning products that use R407C gas are environmentally friendly
ss. 52, 53(c) and 53(e). Alleged misleading or deceptive conduct and misleading representations regarding performance characteristics, benefits and price
On 11 October 2006 the ACCC accepted a court enforceable undertaking from Mr Eugeni Tsvetnenko, trading as Mobile Adverts.
Mr Tsvetnenko advertised a service named SecureDate in the ‘she seeks him’ section of the Quokka classifieds newspaper, and at the Quokka online service. The advertisements represented that the SecureDate service was a personal introduction and dating service, consumers could request to list their own profile, and that the maximum call cost was $4.99.
Following complaints to the ACCC, Mr Tsvetnenko was advised the advertisements appeared to contain false and misleading representations that may contravene the consumer protection provisions of the Trade Practices Act.
Mr Tsvetnenko has given a court enforceable undertaking not to engage in misleading or deceptive conduct with respect to the promotion of personal introduction services, and he will attend trade practices training and implement a trade practices compliance program.
s. 65C. Alleged supply of goods in breach of mandatory consumer product safety standards
On 9 October 2006 the ACCC accepted a court enforceable undertaking from Brand Direct.
Brand Direct imported Maui branded swimming aid vests which did not comply with the mandatory consumer product safety standard, AS 1900–1991 for flotation toys and swimming aids for children in that the intended body mass range was not marked on the vest and the warning was not in a colour contrasting with the background. Brand Direct supplied the vests to Big W stores throughout Australia.
Upon being notified of the ACCC's concerns, Brand Direct withdrew the vests from sale, conducted a product safety recall, and amended the labelling on the vests to meet the requirements of the standard.
Brand Direct has provided court enforceable undertakings that it will refrain from supplying any flotation toys or swimming aids that do not comply with relevant mandatory consumer product safety and information standards, and will establish and implement a trade practices compliance program.
