Another medical sheepskin supplier undertakes to not make false claims: ACCC warns industry
Less than three months after sheepskin manufacturer Tasman Sheepskin Tannery, gave a court enforceable undertaking for making false claims, Australian Linen Supply, trading as Confident Care Products, has given a court enforceable undertaking to the Australian Competition and Consumer Commission for similar conduct.
Confident Care Products was supplied by Tasman Sheepskin Tannery.
The ACCC became concerned when a hospital physiotherapist reported a consumer finding up to 80 grass seeds imbedded in the leather and wool of a medical sheepskin supplied by Confident Care Products. Sheepskins subsequently purchased by the ACCC contained up to 40 grass seeds.
The ACCC considered the presence of grass seeds was likely to breach the standard with which Confident Care Products had claimed compliance.
The medical sheepskins also did not have attached the labelling and washing instructions required by the standard.
Whilst the standard is not a mandatory standard, meaning compliance with it is voluntary, Confident Care Products risked breaching sections 52 and 53(a) of the Trade Practices Act 1974 by misrepresenting its medical sheepskins complied with this standard.
The ACCC has accepted court-enforceable undertakings from Confident Care Products that it will:
cease representing that medical sheepskins supplied by it comply with the standard where they do not
replace or refund any medical sheepskins supplied by Confident Care Products since 1 November 2005 that contain grass seeds or do not display the required labelling, and
implement a trade practices law compliance program.
"The acceptance of court enforceable undertakings from Confident Care Products demonstrates the obligations on suppliers, as well as manufacturers, to ensure accurate claims about products are made," ACCC Chairman, Mr Graeme Samuel, said.
"Suppliers should not pass on to consumers claims made by manufacturers without verifying the accuracy of those claims."
The ACCC will now put the medical sheepskin industry on notice by writing to all manufacturers and suppliers requesting they review any claims of compliance with the voluntary standard.
"Industries to which a voluntary standard applies should be aware that non-compliance with such a standard does not breach the Act in itself, however they need to ensure they do not make false claims regarding compliance with a voluntary standard in their advertising," Mr Samuel said.
A copy of the undertakings will be available from the ACCC's website.
Medical sheepskins are used as a bed or chair underlay to distribute and relieve pressure to prevent the onset of ulcers or bed sores in immobile people. Medical sheepskins have been developed under specialised processes designed to prevent shrinkage during high temperature laundering. To ensure medical sheepskins work as intended, a voluntary standard was introduced, AS 4480.1.
On 30 November 2007, the ACCC accepted court enforceable undertakings from Tasman Sheepskin Tannery that it would:
cease representing that its medical sheepskins comply with the standard where they do not;
replace or refund any medical sheepskins manufactured by Tasman Sheepskin Tannery since 1 November 2005 that contain grass seeds or do not display the required labelling, and
implement a trade practices compliance program.
For further background see ACCC news release NR 325/07 issued on 3 December 2007, Sheepskin Manufacturer Stops False Claims.
