The Australian Competition and Consumer Commission has received court enforceable undertakings from Apollo Bicycle Co. Pty Ltd following a routine retail survey of bicycle helmets.
The helmets, supplied by the company as suitable for cycling use, did not comply with the bicycle helmets standard.
Bicycle helmets are subject to a mandatory product standard under the Trade Practices Act 1974. It is an offence under the Act for a company to supply goods that are the subject of a mandatory standard which do not comply.
The ACCC survey found that several retailers were selling a Free Agent brand helmet, known as a street helmet and commonly used by skateboarders and scooter riders, which contained a label representing it was suitable for use as a bicycle helmet.
The Free Agent helmets, which were imported by Apollo and supplied by it to retailers around Australia, did not comply with the mandatory standard for bicycle helmets.
In response to ACCC concerns, Apollo has agreed to provide the following enforceable undertakings:
- It will cease to represent helmets that do not comply with the mandatory standard as being suitable for bicycle use;
- An Apollo sales agent shall visit each of Apollo's retailers to ensure that no Free Agent street helmet in stock contains a representation that it is suitable for cycling use;
- Apollo will undertake corrective advertising and offer a refund to any consumer who was misled; and
- The company is to implement a trade practices compliance program.
"It is important that consumers who buy bicycle helmets, and indeed any item subject to product safety standards set down under the Trade Practices Act, can rely on the fact that the goods comply with the relevant standard", ACCC Chairman, Professor Allan Fels, said today. "This is yet another warning to all suppliers that they must ensure their products comply with any applicable Trade Practices Act standard. This applies to importers, wholesalers and retailers".
"Although no action was taken by the ACCC in this matter against retailers of the non-compliant helmets, some retailers of bicycles and related accessories are selling bicycle helmets next to helmets intended for non-cycling use and this may confuse consumers. The ACCC strongly recommends that the two types of helmets be clearly separated in-store and that retailers be careful not to suggest that street helmets can be used for cycling".