Private Formula has given the Australian Competition and Consumer Commission court enforceable undertakings under section 87B of the Trade Practices Act 1974 that it will re-label the cosmetic products, Dr Lewinn’s Cosmetic Lift Pack, containing A+ Revita Cell, and Dr Lewinn’s Cosmetic Lift Powder, which did not comply with the mandatory product ingredient labelling requirements.
"The mandatory consumer information standard for cosmetics ensures consumers are given sufficient information about the ingredients of cosmetics.” ACCC Chairman Professor Allan Fels said today.
"Failure to comply with the ingredients labelling requirements specified in the mandatory cosmetics information standard is a breach of section 65D(1) of the Act." Professor Fels said.
Following an approach by the ACCC, the company initially advised it was aware of the issue and had already taken steps to address the problem. Those steps included providing retailers with new ingredient information, re-labelling of new products, and the introduction of procedures to ensure compliance with the standard.
However, the ACCC again became aware that incorrectly labelled product remained on sale at some retail outlets. As a result Private Formula acknowledged its endeavours to have retailers amend the labelling was not as successful as anticipated.
In resolving this matter with the ACCC, Private Formula has provided a court enforceable undertaking
- Stop distribution of the product which does not meet the mandatory standard;
- Implement procedures to re-label all old stock in the marketplace;
- Publish corrective advertising in newspapers and retail outlets;
- Implement a trade practices compliance program; and
- Institute an effective complaint handling system.
"The ACCC takes its role of enforcing the consumer product safety and product information standards very seriously." Professor Fels said. "The Commission will take swift action to where issues of public safety are concerned."
Allan Fels, Chairman, (02) 6285 6170 (pager)
Ms Janet Millar, Acting Director, Public Relations, (02) 6243 1108 or (0414) 613 520
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