The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Perth, against Alvaton Holdings Pty Ltd trading as Cut Price Imports.
The ACCC alleges that Cut Price Imports supplied baby rattles that did not comply with the mandatory consumer product safety standard relating to toys for children up to the age of 36 months.
Between April 2006 and September 2009 Cut Price Imports supplied more than 9,000 Smile Bear (Bear with Keys) rattles to retailers across Australia. Cut Price Imports also supplied 780 Bao Bei (Zhiyue) key rattles to retailers between April 2009 and August 2009.
The ACCC alleges that the rattles contained parts constituting a choking /suffocation hazard. The ACCC also alleges that the Bao Bei (Zhiyue) key rattle was found to break apart causing an inhalation / ingestion hazard.
The ACCC is seeking:
- declarations that Cut Price Imports contravened section 65C(1) of the Trade Practices Act 1974 by supplying baby rattles which did not comply with the mandatory consumer product safety standard
- injunctions
- an order regarding publication of information notices
- an order that Cut Price Imports establish and maintain a compliance program, and
- costs.
The matter has been listed for a scheduling conference on 10 May 2010 in the Federal Court, Perth, before Justice Gilmour.