The Federal Court in Perth has declared Trans Oriental Import & Export Pty Ltd and Steven Thai Tran contravened the Trade Practices Act 1974 by supplying banned mini-cup jelly confectionaries containing the ingredient Konjac. The banned mini-cup jellies were declared unsafe goods under the product safety provisions of the Act and are currently subject to an 18-month temporary ban.
The Federal Court declared that by supplying the banned mini-cup jellies the company and Mr Tran misled retailers and consumers by representing they were safe to eat when in fact they had been declared dangerous and unsafe by Notices published under both state and federal legislation.
Justice Carr of the Federal Court agreed to consent orders that the company and Mr Tran breached the Act by supplying the banned mini-cup jellies. The orders follow court action by the Australian Competition and Consumer Commission.
The company and Mr Tran also consented to orders by the court which:
- made injunctions restraining the company and Mr Tran from misleading the public about the characteristics of its products, and selling mini-cup jellies containing the ingredient Konjac;
- ordered publication of a recall notice in two newspapers distributed in the Perth metropolitan area;
- ordered publication of corrective information notices to the company’s wholesale customers and consumers;
- required refunds to customers and retailers who return and provide proof of purchasing the jellies;
- ordered Mr Tran attend a trade practices training program;
- ordered a contribution to the ACCC's court costs.
"There is a serious public health and safety issue involved here because Konjac jelly is different from gelatine-based jellies in that it does not dissolve readily in saliva", ACCC Acting Chairman, Sitesh Bhojani, said today.
"Essentially it must be chewed to be ingested and can cause a serious choking hazard, particularly to young children and the elderly. The jelly is usually sucked out of the cup into the back of the mouth. This can cause the jelly to be drawn into a person's air passage and act as a plug which would restrict air supply."
Mr Bhojani said, "Mandatory product safety standards and bans provide protection for consumers. All suppliers, whether at the import, wholesale or retail level, must ensure that their goods and services meet relevant mandatory product safety and information standards. "
The ban applies to any mini-cup jellies containing the ingredient konjac, also known as glucomannan, conjac, konnyaku, konjonac, taro powder or yam flour, and having a height or width of less than 45mm. Similar confections not containing the banned ingredient are available.
"The ACCC views non-compliance with the ban on mini-cup jellies containing Konjac very seriously.
"In this case, the supplier cooperated with the ACCC by taking immediate steps to notify all retailers to withdraw the mini-cup jellies containing Konjac from sale as soon as the non-compliance was brought to their attention".
Further information on product safety and standards is available on the ACCC website. This site is regularly updated with news on mandatory standards, bans and recalls, as well as news releases and links to other useful sites.