Toy seller gives undertakings over lead paint in toys

The Australian Competition and Consumer Commission has accepted court enforceable undertakings from a retailer of children's toys, Captain Choppers Pty Ltd, which trades as Red Dot Stores, after the ACCC found paint on some toy cars contained too much lead.

A consumer protection notice effectively banning products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced on 17 September 2007. Section 65C of the Trade Practices Act 1974 prohibits a corporation from supplying goods that breach product safety standards and consumer protection notices.

In November 2007 the ACCC issued an advisory alert to the public after a preliminary assessment of certain toy products, including a Rite Price product, the Auto Super Cars toy set, indicated that some of the paint on the cars contained lead in excess of 90 milligrams per kilogram. Subsequent tests confirmed that the Auto Super Cars toy set had a lead content greater than 90 milligrams per kilogram. The set comprised four brightly coloured toy cars.

Red Dot responded to the ACCC's concerns by immediately removing the toy from outlet shelves and displaying an in-store notice advising consumers of the problem and offering refunds.

Red Dot has now undertaken that it:

• will not in future supply any children's toys that do not fully comply with the relevant mandatory consumer product safety standards, and
• will implement a trade practices compliance program.

"The ACCC will continue to monitor this area closely and enforce the Act with vigour where it finds that children are placed at risk through non-compliance with mandatory safety standards," ACCC Chairman, Mr Graeme Samuel, said today.

"Any company selling children's toys has a responsibility to ensure that the goods they are supplying are safe."