The Australian Competition and Consumer Commission today instituted legal proceedings in the Federal Court, Sydney, under section 65C of the Trade Practices Act 1974 against Hyundai Automotive Distributors (Australia) Pty Ltd for alleged breaches of the mandatory consumer product safety standards for motor vehicle jacks.
Between 1993 and 1998 Hyundai Automotive Distributors (Australia) Pty Ltd supplied approximately 185,000 motor vehicle jacks that the ACCC alleges did not have the warnings and safe use and operating instructions required by the mandatory standard for motor vehicle jacks. The affected vehicles are Excel (including Panel Van), Lantra, Sonata, S-Coupe and Coupe models built from 1 August 1992 to January 31 1998.
In particular, it is alleged the labels on the motor vehicle jacks did not contain the mandatory safety warning 'Warning: Do no get under a vehicle that is supported only by a jack: Use vehicle support stands' which must be permanently affixed to vehicle jacks.
After the ACCC brought the matter to the attention of Hyundai Automotive Distributors (Australia) Pty Ltd, the company cooperated with the ACCC and agreed to undertake a voluntary recall and will be publishing recall notices in major newspapers throughout Australia. This obviated the need for the ACCC to seek a court-ordered recall.
The ACCC is seeking declarations, injunctions, corrective advertising, and a compliance program against Hyundai Automotive Distributors (Australia) Pty Ltd.
A directions hearing will be held in Sydney on 22 November 2001.
Further information regarding mandatory safety standards is available from all ACCC offices or from the ACCC's website. The information can be found in the product safety section under Mandatory Product Safety and Information Standards.