Bean bags and bean bag covers supplied in Australia must meet the safety standard as prescribed in the Trade Practices (Consumer Product Safety Standard) Regulations 1979 (Prescribed Consumer Product Safety Standard) which requires bean bags and bean bag covers to be fitted with a child resistant fastener and have a warning label or notice conspicuously attached stating: “WARNING: Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled”.
SlumberTrek import and distribute the Elmo Shaped bean bag cover (the Elmo bag) which is subject to the Prescribed Consumer Product Safety Standard.
During a routine product safety survey in October 2007 the Elmo bag was surveyed in K Mart stores nationally. It was found to be missing the mandatory warning label. It was fitted with a child resistant fastener.
Following contact by the ACCC, SlumberTrek immediately relabelled the Elmo bag and undertook a national recall of the Elmo bag. SlumberTrek agreed to resolve the ACCC concerns by giving an Undertaking pursuant to section 87B which provides for a warning notice to appear on SlumberTrek’s website and for SlumberTrek implement a trade practices compliance program.
