Lincraft Australia Pty Ltd (Lincraft) offered for sale children's bath robes which did not comply with the Children's Nightwear Standard (the standard).
The bath robes were supplied to Lincraft by Cotton Dreams Pty Ltd (Cotton Dreams).
Tests carried out by the Australian Wool Testing Authority indicated that the bath robes did not meet the surface burning requirements or qualify for any one of the four fire hazard categories applicable under the Standard.
Consequently the bath robes should not have been sold.
Further, the bath robes also failed to meet the labelling requirements in respect of numerical sizing and labelling requirements for the placement of the fire hazard warning label.
Lincraft acknowledged that by supplying the bath robes which failed the standard it had engaged in conduct likely to be in contravention of the Act.
When contacted by the ACCC Lincraft and Cotton Dreams undertook corrective action by withdrawing the bath robes from sale, conducting a voluntary recall of the bath robes and placing recall notices in daily newspapers in each state and territory where the bath robes were sold.
Additionally, Lincraft has provided court enforceable undertakings to the ACCC that it will refrain from supplying children's nightwear products that do not comply with the Standard and provide a report to the ACCC detailing the number of bath robes it destroyed and the number of bath robes returned by it to Cotton Dreams for destruction.
Lincraft will also commission an external review of its existing Trade Practices Compliance Program and report to the ACCC the findings of the report and implement a trade practices compliance program which reflects any reasonable and appropriate recommendation made in the report.
