The Australian Competition and Consumer Commission has accepted court enforceable undertakings from AFWM Pty Ltd, trading as Cosmetics Plus, after sunglasses and fashion spectacles sold by it failed to comply with mandatory safety standards.
The ACCC took action following a regular ACCC product safety survey. It identified a number of non-compliant sunglasses and fashion spectacles at various Cosmetics Plus retail outlets which either had incorrect, obscured or absence of labelling on the sunglasses and fashion spectacles.
Section 65C of the Trade Practices Act 1974 prohibits a company, and individuals carrying on trade between a State and Territory, from supplying consumer goods that do not comply with mandatory product safety standards. The applicable safety standard requires sunglasses and fashion spectacles to be labelled with the lens category and description which identifies their suitability for use. This includes an indication of the level of sun glare reduction and UV protection which they provide and any necessary warnings where required.
"Retailers are reminded to test all styles of sunglasses and fashion spectacles on a regular basis to ensure compliance with the mandatory standard," ACCC Chairman, Mr Graeme Samuel, said. "The ACCC will continue to ensure mandatory product safety standards are met through random retail surveys."
Cosmetics Plus has undertaken that it will:
- ensure relabelling of existing products and cease further supply of incorrectly labelled products, and
- implement a trade practices law compliance program, with a focus on prescribed consumer product safety standards.
"The implementation of a trade practices law compliance program is a positive step towards minimising the risk of future breaches by Cosmetics Plus," Mr Samuel said.