Jarvis Walker Pty Ltd is a wholesaler of fishing rods and tackle, marine accessories and camping equipment to boating, fishing, sports and camping retailers and distributors in Australia and internationally. Its products are marketed under a number of brands, including Jarvis Marine.
In a section 87B undertaking accepted by the ACCC, Jarvis Walker acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying elastic luggage straps without a warning label as required by regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979.
The non-compliant products were supplied between 25 October 2005 and 12 December 2008 to numerous traders across Australia for retail sale to consumers or for further distribution.
Jarvis Walker voluntarily published product safety recall notices in three publications between 27 December 2008 and February 2009, and used its best endeavours to ensure that retailers of the product displayed a copy of the product safety recall notice in stores for two months. Jarvis Walker has since decided to permanently remove the product from its product line.
Under the court enforceable undertaking Jarvis Walker has agreed to ensure that each product it supplies complies with any relevant consumer product safety standard, and to implement a Trade Practices Compliance Program.