The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Mr Sanjay Goel, trading as Pacific ImpExp Services, after finding that two of his bunk bed models did not comply with the mandatory product safety standard.
The standard outlines certain requirements relating to the design, construction, safety, performance and marking of bunk beds.
Mr Goel supplied the bunk beds through eBay between 1 August 2007 and 31 March 2008. He conducted a national voluntary recall of the bunk beds in August 2008 after the ACCC raised its concerns.
Following the recall, and despite the ACCC's advice and views that the bunk beds did not comply with the standard, Mr Goel then supplied further non-compliant bunk beds.
"Children have died from hanging and strangulation after their heads have become trapped in gaps in bunk beds that did not meet the requirements set out in the mandatory product safety standard," ACCC Deputy Chair, Mr Peter Kell, said today.
"Children have also suffered serious head injuries and fractures after falling from bunk beds that did not have the prescribed guard rails.
"It is alarming that the trader supplied further bunk beds when it was known that the beds did not comply with the mandatory product safety standard."
Due to ACCC's concern about his further supply of non-compliant bunk beds, Mr Goel has now provided the ACCC with court enforceable undertakings that he will:
- for a period of three years, ensure that he does not supply any bunk beds that do not comply with the mandatory standard for bunk beds
- for a period of three years, ensure that any corporation for which he is a director does not supply any bunk beds that do not comply with the mandatory standard for bunk beds, and
- establish and implement a trade practices law compliance program.
Mr Kell said anyone selling bunk beds must ensure that the beds supplied are safe.
"The ACCC continues to monitor compliance with mandatory product safety and information standards, and emphasises that eBay traders are also required to ensure that their goods comply with the relevant standards."
For a full list of products which are subject to mandatory standards visit the ACCC's website, click on For business and access the Product safety and labelling link. For information regarding products subject to a product safety recall, consumers can access the government recall website at, www.recalls.gov.au. A copy of the undertaking will be available from the ACCC's website.