Justice O’Loughlin of the Federal Court has granted injunctions against Dictomax Pty Ltd, the manufacturer of the 3 in1 Jackramp, preventing it from supplying portable car ramps which fail to comply with the mandatory consumer product safety standard.
The court also ordered that Dictomax pay the ACCC's court costs.
"The ACCC was particularly concerned that independent testing of the Jackramp showed the product failed the structural integrity and design aspects of the standard", ACCC Chairman, Professor Allan Fels, said today.
"This testing showed that the product was not strong enough and it was too narrow for its height. The Jackramp buckled when tested with the minimum weight required under the mandatory product safety standard.
"The ACCC was concerned with one Dictomax promotional photograph depicting a child sitting under a four wheel drive vehicle elevated on a Jackramp.
"The manufacturer advertised and promoted the Jackramp in its promotional material and packaging as being Australian Standards Approved when in fact it was not.
"In the ACCC’s view the product had the potential to cause serious injury to consumers".
The Federal Court made declarations that:
- Dictomax engaged in misleading or deceptive conduct in representing that the Jackramp complied with the mandatory consumer product safety standard namely AS/NZS 2640:1994, when it did not
- Dictomax made a false representation that the Jackramp was of a particular standard
- Dictomax supplied the Jackramp which did not comply with the mandatory consumer product safety standard namely AS/NZS 2640:1994.
"Manufacturers must ensure that their goods and services meet relevant mandatory product safety and information standards", Professor Fels said.
The ACCC is responsible for enforcing the mandatory consumer product safety and information standards. It regularly conducts random surveys of retail outlets throughout Australia to detect non-complying products and to liaise with suppliers. These surveys provide an overall picture of retailer and wholesaler compliance.
"The ACCC affords a high priority to its product safety and information standards responsibilities because of the potential of injury to consumers if the products do not comply with the standards", Professor Fels said.
The 3 in 1 Jackramp, which was tested by the ACCC, is available for inspection in the Darwin office of the ACCC.
The orders follow on from orders obtained last month in the Federal Court against Autobarn Pty Ltd and Northern Accessories Pty Ltd (Autobarn Darwin) in relation to the 3 in 1 Jackramp.