ACCC receives further undertaking from sunglass retailer for non-compliance with mandatory standard

The Australian Competition and Consumer Commission has accepted a fourth undertaking from a large retailer for the supply of sunglasses that failed to comply with the prescribed mandatory product safety standard.*

Following on from a retail blitz** on two major shopping complexes in November 2007 targeting retailers of non-compliant sunglasses the ACCC has accepted from Chelsea Girl Pty Ltd a court enforceable undertaking.

Chelsea operates stores in Victoria, New South Wales and Queensland.

As with three previous major retailers that two weeks ago provided undertakings to the ACCC, Chelsea supplied sunglasses that failed the labelling obligations imposed by the standard in that, in Chelsea's case, its labelling did not state the lens category number or corresponding category descriptions.

After ACCC contact, Chelsea responded quickly to the concerns and also volunteered details to the ACCC of the failure of five models of its sunglasses to comply with the standard's performance obligations resulting in Chelsea conducting a voluntary product safety recall in February 2008.

The performance failure of the five models of sunglasses posed potential serious concerns in that it could result in users failing to recognise certain colours, such as those increasingly used in traffic lights, vehicle signalling and tail lights and emergency vehicle signals.

As part of its undertakings Chelsea will:

• ensure sunglasses supplied that are subject to a mandatory safety and/or information standard prescribed under the Act comply with the standard
• institute procedures to ensure display and sales stock are appropriately labelled, and
• implement a trade practices law compliance program.

Copies of the undertakings will be available on the public register section of the ACCC's website.

"I welcome the undertaking volunteered by the company, the fourth in a series of undertakings arising from the blitz model of survey," ACCC Chairman, Mr Graeme Samuel, said today. "Traders should be on notice that the ACCC will be monitoring the market for compliance with the standard now and leading up to the next summer season and those found to be supplying non-compliant sunglasses will be dealt with seriously, including possible litigation."

Background

*These items are subject to a mandatory consumer product safety standard based on Australian New Zealand Standard AS/NZS 1067:2003 Sunglasses and fashion spectacles prescribed under the Trade Practices Act 1974. The sunglasses standard has both labelling and performance requirements. The labelling requirements enable consumers to identify the suitability and safety of products by identifying glasses that pose a driving hazard and give performance and supplier information. The performance requirements ensure that glasses conform to their labelling and also address safety issues. One of the important safety requirements concerns the lenses suitability for use in driving. For instance, products fitted with non-compliant lenses could affect the colour perception of certain traffic light signals, vehicle tail lights or the blue lights of emergency vehicles, as well as possibly distorting distance perception of moving objects.

**See ACCC Targets Sunglass Retailers for Non-compliance with Mandatory Standard in Retail Blitz, News release 113/08, issued 1 May 2008, available at the ACCC's website, www.accc.gov.au.