ACCC accepts undertakings from Corpeyewear Pty Ltd over Cricket Australia sunglasses

Cricket Australia sunglasses were withdrawn from sale until they were relabelled to comply with the mandatory Australian standards after Australian Competition and Consumer Commission intervention, ACCC Chairman, Mr Graeme Samuel, said today.

"Corpeyewear Pty Ltd, an importer and distributor of sports licensed sunglasses, supplied the sunglasses and has offered the ACCC court-enforceable undertakings to resolve the matter.

"The ACCC believes the sunglasses breached section 65C of the Trade Practices Act 1974. This section prohibits goods being supplied to consumers which do not meet the prescribed mandatory product safety standard."

Corpeyewear will:

• refrain from supplying any sunglasses and fashion spectacles that do not comply with the relevant mandatory consumer product safety standard
• advise retail customers that the sunglasses were not labelled according to the standard and advise the remedial actions which are available
• publish an advertisement in Inside Cricket, and
• implement a trade practices compliance program.

"The sunglasses were found during a regular ACCC product safety survey. It identified a number of non-compliant sunglasses and fashion spectacles at various retail outlets in the Brisbane metropolitan area.

"Incorrect, obscured or absent labelling were the major areas of non-compliance. In all instances, the retailers and suppliers co-operated with the ACCC and took immediate steps to rectify concerns raised.

"Suppliers are reminded to test all styles of sunglasses and fashion spectacles on a regular basis to ensure compliance with the mandatory standard.

"The ACCC will continue to ensure mandatory product safety standards are met. Random retail surveys are conducted regularly throughout Australia to detect non compliant products. Suppliers must ensure that their products are correctly tested against any mandatory product safety standard to avoid placing consumers at risk," Mr Samuel said.

Background

Sunglasses and fashion spectacles standard

*The consumer product safety standard for sunglasses and fashion spectacles was declared in Consumer Protection Notice No. 13 of 2003 and amended by Consumer Protection Notice No. 4 of 2005.  The mandatory standard is based on the Australian Standard AS/NZS 1067:2003 Sunglasses and Fashion Spectacles which is published by Standards Australia.

Under the mandatory standard, sunglasses and fashion spectacles are required to be labelled with the lens category and description which identifies their suitability for use. This includes an indication of the level of sun glare reduction and UV protection which they provide and any necessary warnings where required.

Prescribed performance requirements of the mandatory standard relate to the lens' luminous transmittance properties, optical power, uniformity of tinting and colouring, transmittance matching for pairs of lenses. There are also field of view and construction requirements.

Product safety surveys

As part of its product safety survey program covering the period October 2006 to March 2007, the ACCC surveyed 852 items in 363 retail outlets across Australia. 

Products surveyed included basketball rings and backboards, bicycle helmets, bunk beds, children’s pedal bicycles, sunglasses and fashion spectacles, toys for children under three years and banned children’s dart gun sets.

Some 24 products were withdrawn from sale at retail level. Enforcement action, including administration resolutions, has been taken in relation to a number of these withdrawn products. Consumer recalls were implemented for six brands of children's toys. These were small balls or toys with small balls suitable for children under three years that did not comply with the applicable mandatory safety standard.