The Australian Competition and Consumer Commission has accepted a court-enforceable undertaking from U. Games Australia Pty Ltd over swimming arm bands.
U. Games Australia supplied Thomas & Friends swimming arm bands which did not comply with the marking requirements under the mandatory standard for flotation toys and swimming aids for children.*
U. Games Australia is an importer and distributor of toys, games and puzzles, including the Thomas & Friends swimming arm bands.
The ACCC believes the arm bands breached section 65C of the Trade Practices Act 1974 which prohibits goods being supplied to consumers which do not meet the prescribed mandatory product safety standard.
The standard specifies the warning on flotation toys and swimming aids for children should read as follows:
WARNING
USE ONLY UNDER
COMPETENT SUPERVISION
The Thomas & Friends arm bands did not have this warning.
Inquiries by the ACCC found that approximately 3000 arm bands were imported from the manufacturer, Pacific Gear International Pty Ltd which is based in Hong Kong, and distributed by U. Games Australia to wholesalers and retailers throughout Australia.
U. Games Australia has withdrawn the arm bands from sale and notified their wholesalers, retailers and the manufacturer. U. Games Australia has undertaken to:
- refrain from supplying any flotation toys or swimming aids that do not comply with the relevant mandatory consumer product safety and information standards which may apply to such products,
- post in-store recall notices in all retail stores that received the arm bands and on U. Games Australia Pty Ltd's website www.ugames.com.au, and
- implement a trade practices compliance program.
"Labels on flotation devices are there to remind adults that flotation toys are not primarily life saving devices and young children must be supervised whilst in the water," ACCC Chairman, Mr Graeme Samuel, said today.