Spotlight Promotions Pty Limited, a Queensland based promotional merchandise supplier, has recalled sunglasses that failed to comply with the mandatory safety standard for sunglasses*, after approaches by the Australian Competition and Consumer Commission.
Testing of the sunglasses by an accredited testing authority, Unisearch, found they could cause blurred vision, misjudgment of depth, position or objects, and therefore should not be worn.
The sunglasses are grey tinted 'wrap arounds' with the word 'COLD' on the frame.
They were supplied by Spotlight to Carlton and United Breweries for promotional purposes. They were sold at the CUB merchandising store 'Brewhouse', in Yatala, Queensland, and were either sold or given away by CUB at trade promotions in Queensland and New South Wales. These promotions included the Royal Queensland Show, 10-19 August 2000, a CUB promotion at Shooters Bar & Grill in Surfers Paradise on 7 and 14 July 2000, a CUB promotion at the Reef Hotel and Casino in Cairns on 30 July, 7 and 14 August 2000, a CUB function at the Society of Economics and Commerce Students at the University of Queensland on 22 July 2000, and CUB promotions at the Australian Board Riders Competition in Newcastle from 3-7 July 2000. The sunglasses were also given away to hotel staff in various hotels in the Toowoomba area in Queensland.
A consumer product safety recall notice was placed by Spotlight in the Courier Mail on 17 October 2000, the Cairns Post on 18 October 2000 and the Newcastle Herald on 19 October 2000. The same notice was also placed at the above hotels, at the 'Brewhouse', and at the University of Queensland.
As part of the recall process, consumers are asked to return the sunglasses to Spotlight for either a full refund of the purchase price or a replacement pair of sunglasses which comply with the Standard. Consumers wishing to return the sunglasses can send them to Spotlight's reply paid post office box number 1153, Fortitude Valley, Queensland 4006. The company agreed to a reply paid PO Box to encourage returns.
Spotlight has also provided the ACCC with a court-enforceable undertaking to implement a corporate compliance program to ensure the likelihood of repeat conduct is minimised.
Spotlight responded quickly and cooperatively when requested by the ACCC to publish a consumer product safety recall notice and provide refunds.
Suppliers should be aware that it is a breach of section 65C of the Trade Practices Act 1974 to supply products which fail comply with a mandatory product safety standard. The ACCC is vigilant in upholding mandatory product safety standards and undertakes regular surveys of products for which there are mandatory standards. Suppliers of sunglasses should note that sunglasses are the subject of scrutiny at present, and should acquaint themselves with the sunglasses standard and implement appropriate compliance programs.
*(AS 1067-1190 Sunglasses and Fashion Spectacles).