The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Lincraft Australia Pty Ltd and Cotton Dreams Pty Ltd after certain bath robes imported by Cotton Dreams and sold in Lincraft stores failed to comply with the mandatory safety standards for children's nightwear.
Section 65C of the Trade Practices Act 1974 prohibits a business from supplying consumer goods that do not comply with mandatory product safety standards. The standard requires children's nightwear, including bath robes, to meet rigorous safety requirements. The bath robes failed to qualify for any of the four fire hazard categories and as such should not have been sold. Further the bath robes did not meet certain requisite labelling requirements.
As soon as approached by the ACCC, Lincraft and Cotton Dreams took corrective action. The companies withdrew the garments from sale and carried out a voluntary product recall, advertising the recall in daily newspapers throughout Australia. Lincraft displayed in-store signage on store windows, at the point of sale and on its website notifying customers of the recall and offered customers a refund.
The companies have also undertaken to:
refrain from selling any children's nightwear products that are not compliant
destroy all non-compliant garments returned by consumers and in stock
Cotton Dreams will implement a trade practices law compliance program, and
Lincraft will conduct an independent review of its existing trade practices compliance program and upgrade it accordingly.
"Consumer safety remains a high priority for the ACCC, particularly the safety of children," ACCC Chairman, Mr Graeme Samuel, said today. "The ACCC will not hesitate to take vigorous action when businesses put children's safety at risk."
