Minmetals Australia Pty Ltd has stopped supplying banned children's toy dart guns with suction darts after Australian Competition and Consumer Commission and Consumer Affairs Victoria action.
"Children's toy dart guns supplied with small suction darts are subject to a national ban", ACCC Chairman, Mr Graeme Samuel, said today. "Small darts used in such dart gun sets risk choking children if the darts lodge in the throat. Minmetals has contacted all retailers it supplied to recall the products.
"The banned children’s toy dart guns were found during a survey that was jointly conducted by the ACCC and CAV. The first priority was to ensure the stores removed them from sale.
"The ACCC is very concerned that these banned toys were available. The products pose a serious and unacceptable public safety risk, especially for young children.
"The enforcement of product safety standards and bans is a priority for the ACCC.
"There is a real need for all suppliers and retailers, including low-cost stores, to ensure they comply with bans under the Trade Practices Act”.
S65C of the Act prohibits a corporation from supplying goods in respect of which there is in force a notice declaring the goods to be unsafe.
Minmetals acted swiftly once it had sought and obtained legal advice after being contacted by the ACCC.
Minmetals has given court-enforceable undertakings to the ACCC to:
- cease suppling all of the banned products;
- contact all the retailers it had supplied and arrange for returns for a refund;
- ensure each retailer it supplied with the banned products displays an in-store notice that outlines the ban (in English, Chinese and Vietnamese) and offers refunds;
- place a recall notice in relevant community newspapers in all the areas where the sets were sold; and
- implement a trade practices corporate compliance program.