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Australian Linen Supply Pty Ltd trading as Confident Care Products (CCP) is a wholesaler and supplier of medical sheepskins used as bed or chair underlays in order to distribute and relieve pressure so as to prevent the onset of pressure sores in immobile patients. CCP has admitted to incorrectly representing, on its website and the medical sheepskins themselves, that medical sheepskins supplied by it comply with the voluntary Australian standard for medical sheepskins, AS 4480.1-1998 (the Standard).
ACCC inspections of medical sheepskins supplied by CCP revealed they contained grass seed matter, contrary to the Standard, and did not display the labelling required by the Standard, in particular, the special laundering instructions.
CCP has provided court enforceable undertakings to the ACCC that it will:
refrain from representing that medical sheepskins supplied by it comply with the Standard in circumstances where they do not;
write to each of its customers informing them of the undertaking and offering to replace or refund any medical sheepskins supplied by it that do not display the labelling required under the Standard and/or contain grass seed matter; and
implement a trade practices compliance program, to be maintained for a period of 3 years, for CCP employees and other persons involved in its business.
On 6 February 2008, the ACCC accepted a variation to the undertakings provided by Asciano on 18 April 2007.
The variation provides alternative KPIs relating to non-discrimination covering Pacific National's rail operations.
Bean bags and bean bag covers supplied in Australia must meet the safety standard as prescribed in the Trade Practices (Consumer Product Safety Standard) Regulations 1979 (Prescribed Consumer Product Safety Standard) which requires bean bags and bean bag covers to be fitted with a child resistant fastener and have a warning label or notice conspicuously attached stating: “WARNING: Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled”.
SlumberTrek import and distribute the Elmo Shaped bean bag cover (the Elmo bag) which is subject to the Prescribed Consumer Product Safety Standard.
During a routine product safety survey in October 2007 the Elmo bag was surveyed in K Mart stores nationally.